Pa. high court OKs forced drugging of mentally ill death-row inmates
By Emilie Lounsberry
Inquirer Staff Writer
The Pennsylvania Supreme Court yesterday dealt setbacks to four death-row inmates, including two mentally ill prisoners from Philadelphia who can now be forcibly medicated in order to make them mentally competent to continue their appeals.
Ruling in the case of Thavirak Sam, a Cambodian immigrant who killed three family members in 1989 and has been mentally incompetent for years, the court said that if Sam were left untreated, his appeal would remain in limbo indefinitely.
"Not to litigate the claims delays both justice and finality," wrote Chief Justice Ronald Castille, who was Philadelphia district attorney when the killings occurred.
Sam's defense attorney, Jules Epstein, said he believed the rulings marked the first time in the United States that an appellate court had approved forcible medication for a death-row inmate who is not a danger to himself or others.
"The decision raises a profound question of what to do with mentally ill death-row inmates . . . who have no family or other dedicated person to speak for them," said Epstein, a law professor at Widener University.
Deputy District Attorney Ronald E. Eisenberg said the rulings would allow appeals to proceed.
Pa. high court OKs forced drugging of mentally ill death-row inmates | Philadelphia Inquirer | 07/23/2008