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Forced-medication order reversed on appeal
An appeals court on Tuesday reversed an order requiring a Tremonton man to be forcibly medicated to make him mentally competent to stand trial on charges of threatening LDS leaders.
The 10th Circuit Court of Appeals sent the case of Jay Richard Morrison back to a federal judge in Salt Lake City to determine whether it is appropriate to involuntarily medicate the 59-year-old with antipsychotic drugs to ensure his safety and the safety of others.
The Denver-based court noted that Morrison already has been in jail awaiting trial for 2 1/2 years, more than he probably would spend if convicted of making threatening communications.
In addition, the court said if Morrison is shown to be a continuing threat, prosecutors can seek to have him civilly committed to a mental hospital.
“Unless [Morrison] is so dangerous that an unusually extended prison sentence is appropriate, the governmental interest in separating him from society is unlikely to be served by a future criminal trial,” the court said.
Morrison was arrested in February 2003 after allegedly threatening in posts to Internet chat rooms to kill LDS President Gordon B. Hinckley and making similar threats against the church’s governing First Presidency and members of the Quorum of the Twelve Apostles.
Doctors determined him to be mentally incompetent and he was sent to a prison medical center for treatment.
The forcible-medication order was issued after Morrison refused to take his medicine. That order was put on hold while Morrison appealed to the 10th Circuit.
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