the voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability...

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The Voice Mental illness is a defense in criminal cases and people should not be afraid to use their mental illness as a defense. As a criminal defense aorney, I have used my clients’ mental illnesses as a way to migate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic- ms believe aorneys fabricate a “mental health” defense to help their clients, the criminal jusce sys- tem has a series of checks and balances in place. With the use of experts, medical records, and family history, “malingerers and feigners” are being separated from those who truly have a mental illness. A criminal defense aorney must be able to openly communicate with their client, which means the client must be truthful with their aorney. When exploring all theories of defense, the aorney is relying on the client to share everything about their acons. It is important to know the who, what, and why to effec- vely represent their client. A mental health defense does not necessarily mean a person was “insane” at the me the crime oc- curred, meaning that at the me of the crime, they did not know that what they were doing was wrong. It can also mean that the person did not have the mens rea, the specific intent, to commit the crime. A person does not have to have a mental illness to not intend to com- mit a crime! A mental health defense can also be a means to resolve a case favorably for a client. Prosecutors do not always see defendants as human beings. It is the job of the defense aorney to humanize the client and pre- sent reasons to minimize and migate the punishment. Unfortunately, I have encountered some clients who would rather “do their me” then allow me to explore, invesgate, and use a possible mental health defense. They have a fear of being “branded” mentally A Message from the NAMI Board By: Flynn Bersch, P.A. We answered 202 family calls 105 attended NAMI Presentations 24 attended NAMI Family to Family Course 48 attended NAMI Family Support Groups 152 attended NA MI Connection Groups 25 attended the NA MI Y oung A dults Group 27 Teens Mentored, 13 Adults Mentored 122 participated in NA MI Peer Council and N.O.W. activities In April NAMI PBC served 718 individuals June 2018 Issue VI, Vol. VII 5205 Greenwood Ave., Ste 110 West Palm Beach, FL 33407 561-588-3477 www.namipbc.org ill. This type of thinking is not only short-sighted but can be detrimental to their case. I believe society is slowly becoming more accepng of people who live with mental illnesses and that the sgma of being labeled is dwindling. I also know that others may feel differently. The only way to confront this sgma in the courtroom is to meet it head-on! As a criminal defense aorney, I embrace what can be perceived as “bad” and change the per- cepon. Fear gives us the strength to do things we could not think possible, and only by facing our fears can we be strong. We should not be afraid of mental illness but embrace it and use it. About the Author Flynn P. Bertisch joined the NAMI PBC Board of Directors in May 2016. He is a native Floridian and former police officer who currently works as a criminal defense attorney in Palm Beach County. His work in defending individuals living with mental illness charged with crimes has exposed him to a varie- ty of unique situations and theories of defense.

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Page 1: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

The Voice

Mental illness is a defense in criminal cases and

people should not be afraid to use their mental illness

as a defense. As a criminal defense attorney, I have

used my clients’ mental illnesses as a way to mitigate

or lessen their culpability or to exonerate them.

Although I have seen first-hand how some vic-

tims believe attorneys fabricate a “mental health”

defense to help their clients, the criminal justice sys-

tem has a series of checks and balances in place. With

the use of experts, medical records, and family history,

“malingerers and feigners” are being separated from

those who truly have a mental illness.

A criminal defense attorney must be able to

openly communicate with their client, which means the

client must be truthful with their attorney. When

exploring all theories of defense, the attorney is relying

on the client to share everything about their actions. It

is important to know the who, what, and why to effec-

tively represent their client.

A mental health defense does not necessarily

mean a person was “insane” at the time the crime oc-

curred, meaning that at the time of the crime, they did

not know that what they were doing was wrong. It can

also mean that the person did not have the mens rea,

the specific intent, to commit the crime. A person does

not have to have a mental illness to not intend to com-

mit a crime!

A mental health defense can also be a means to

resolve a case favorably for a client. Prosecutors do not

always see defendants as human beings. It is the job of

the defense attorney to humanize the client and pre-

sent reasons to minimize and mitigate the punishment.

Unfortunately, I have encountered some clients

who would rather “do their time” then allow me to

explore, investigate, and use a possible mental health

defense. They have a fear of being “branded” mentally

A Message from the NAMI Board

By: Flynn Bertisch, P.A.

We answered 202 family calls

105 attended NAMI Presentations

24 attended NAMI Family to Family Course

48 attended NAMI Family Support Groups

152 attended NAMI Connection Groups

25 attended the NAMI Y oung Adults Group

27 Teens Mentored, 13 Adults Mentored

122 participated in NAMI Peer Council and

N.O.W. activities

In April NAMI PBC

served 718 individuals

June 2018

Issue VI, Vol. VII

5205 Greenwood Ave., Ste 110 West Palm Beach, FL 33407

561-588-3477 www.namipbc.org

ill. This type of thinking is not only short-sighted but

can be detrimental to their case.

I believe society is slowly becoming more

accepting of people who live with mental illnesses and

that the stigma of being labeled is dwindling. I also

know that others may feel differently. The only way to

confront this stigma in the courtroom is to meet it

head-on! As a criminal defense attorney, I embrace

what can be perceived as “bad” and change the per-

ception.

Fear gives us the strength to do things we

could not think possible, and only by facing our fears

can we be strong. We should not be afraid of mental

illness but embrace it and use it.

About the Author

Flynn P. Bertisch joined the NAMI PBC Board of Directors in

May 2016. He is a native Floridian and former police officer

who currently works as a criminal defense attorney in Palm

Beach County. His work in defending individuals living with

mental illness charged with crimes has exposed him to a varie-

ty of unique situations and theories of defense.

Page 2: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

SAVE THE DATES

Jun 09– Peer Council trip– Silverball Museum (p. 4)

Jun 15– Destination Dinner (p. 6)

Jun 21– Suicide Prevention Training (p. 5)

Jun 24– Peer Council Meeting (p. 4)

Jul 08– Peer Council trip– Norton Museum (p. 4)

Aug 16– NAMI Book Club (p.7)

Aug 18– NAMIWalks Kick-Off Event

Sep 20-22– Dr. Xavier Amador LEAP Training

Oct 27– NAMIWalks 2018

Dec 13– 2018 NAMI Annual Luncheon

*See p. 9 for support group listings

Page 2

Volunteers Needed

NAMI PBC is seeking volunteers for the following events:

Destination Dinner

NAMIWalks 2018

For more information,

please call Lori at: 561-323-2771

Questions / Need Resources?

When you are looking for support finding

resources or to develop a crisis contingency plan,

you can call NAMI PBC’s Certified Recovery Peer

Specialist (Family Support), Sue Gordon. Sue is

available during regular business hours to help

you identify specific resources in your area with-

in Palm Beach County.

Go Paperless Stay up to date with NAMI PBC online. Contact the office to go paperless. Call 561-588-3477 to learn more.

Shoes & Bags

NAMI is accepting donations of designer & contemporary, new & gently-used mens’,

womens’, & childrens’ shoes and handbags.

Please bring donations to the NAMI office 5205 Greenwood Ave, Suite 110

West Palm Beach, FL 33407 For more information: 561-323-2771

NAMI PBC Housing Committee

A determined group of family members is

exploring a model that would utilize their

personal resources to develop a supportive

housing setting for their loved ones. The group is

meeting monthly. For more information,

call Paula Giordano at 561-588-3477.

Support NAMI PBC every time you shop on Amazon!

Just go to smile.amazon.com and search for NAMI

Palm Beach County. A donation is made each time

you shop!

Page 3: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Page 3

Mental Health Month

Palm Beach County recognized Mental Health Month in big ways this year! NAMI Palm Beach County was

joined by dozens of local municipalities, nonprofits, businesses, schools, churches, and libraries as we worked

to increase awareness around mental health issues. Thank you to everyone who participated!

Top Left: NAMI Board of Directors wear green for mental health Top Right: NAMI PBC staff wear green for mental health

Center Left: Faulk Center Butterfly Release Center Right: WPB Mental Health Coalition Mental Health and Wellness Festival

Bottom Left: Palm Beach County Proclamation Bottom Right: PBC Library System book display for mental health awareness

Page 4: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Page 4

NAMI ON WEDNESDAY (N.O.W.) Drop In

11:00 a.m. - 4:00 p.m. Drop In for Arts & Crafts, Games, Socializing & more!

NAMI Lake Worth Office, 1520 10th Ave. N., Suite D, Lake Worth, FL 33460 Each month N.O.W. participants celebrate the birthdays that occurred that month.

Be sure to “drop in” next month and join the party!

Next Monthly Birthday Celebration: June 13th For more information, call the NAMI office at 561-588-3477.

Peer Council

Upcoming Peer Council Events

Silverball Museum Saturday, June 9th

1:00 p.m.—3:00 p.m. 19 NE 3RD Ave

Delray Beach, 33483

Bring money for food RSVP 561-588-3477

Peer Council Meeting Sunday, June 24th 1:00—3:00 p.m. 1520 10th Ave N

Lake Worth, 33460 Meeting and Movie

*Peer Council meetings are held on the last Sunday of each month

from 1:00—3:00pm

Norton Museum of Art Sunday, July 8th

1:00 p.m.—3:00 p.m. 1451 South Olive Ave

WPB, 33401 Museum tour followed

by an art activity. RSVP 561-588-3477

The rain did not deter NAMI PBC Peer Council members from enjoying the

Annual Peer Council Picnic at Okeeheelee Park!

Page 5: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Page 5

NAMI General Meeting

It’s Time to Talk About It:

A Suicide Prevention Training for Families

Thursday, June 21st, 6:00 pm

Presented By: Lindsay Slattery-Cerny

Location: The New Church at Boynton

Beach, 10621 El Clair Ranch Rd.

Boynton Beach, FL 33437

RSVP 561-588-3477

The It’s Time to Talk About It training is a 2-hour

interactive skills-based workshop that provides

families with the opportunity to learn how to identify suicide risk, how to interact or communicate with

loved ones who may be thinking about suicide, and how to build a safety net around them in order to keep

them safe. This training utilizes a SAMHSA Evidence-Based curriculum. Hosted by Florida Linking Individuals

Needing Care.

NAMI staff presented NAMI Ending the Silence at Glades Central

High School for the Student ACEs Club.

Volunteers and staff from NAMI Broward and NAMI PBC

presented NAMI Ending the Silence at the Kevin Hines event

for students on May 15th.

Page 6: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Page 6

Palm Beach County Police Benevolent Association

2100 N. Florida Mango Rd., West Palm Beach, 33409

$50.00 per person (member) / $55.00 per person (non-member)

Dining, entertainment, raffles & MORE!

RSVP: 561-588-3477 or namipbc.org

Prepayment required

NAMI PBC ANNUAL DESTINATION DINNER

TAVERNA NAMI ~My Big Fat Greek Destination Dinner~

June 15, 2018, 6:30 p.m.

June 15, 2018 June 15, 2018

Thank you to our sponsors:

Individual or contact name____________________________________

Business name______________________________________________

Address___________________________________________________

Phone_______________________ Number of seats_____________

E-mail_____________________________________________________

Credit Card________________________________ exp_____________

Security code_______ Check enclosed* $__________check #_______

Guests names______________________________________________

_________________________________________________________

*Make checks out to NAMI Palm Beach County

Please return form to:

Lori McInerney

c/o NAMI PBC

5205 Greenwood Ave., Suite 110

West Palm Beach, FL 33407

For more information,

please call 561-323-2771

or email [email protected]

Page 7: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Page 7

NAMI West Palm Beach Office

5205 Greenwood Ave, West Palm Beach, 33407

Thursdays, June 21st –August 23rd

1:00 p.m.-3:00 p.m.

NAMI Peer-to-Peer is a free, 10-session educational program for adults with mental illness who are looking to

better understand their condition and journey toward recovery.

To register, contact the NAMI PBC office at 561-588-3477.

NAMI Book Club

Date: Thursday, August 16, 2018

Time: 6:00 p.m.

Location: The Book Cellar

801 Lake Ave, Lake Worth, FL 33460

RSVP: 561-588-3477

"This book fills a tremendous void…" wrote E. Fuller Torrey, M.D., about the first edition of I AM NOT

SICK, I Don't Need Help! Ten years later, it still does. Dr. Amador's research on poor insight was in-

spired by his attempts to help his brother Henry, who developed schizophrenia, accept treatment.

Like tens of millions of others diagnosed with schizophrenia and bipolar disorder, Henry did not be-

lieve he was ill.

I AM NOT SICK, I Don't Need Help! is not just a reference for mental health practitioners or law en-

forcement professionals. It is a must-read guide for family members whose loved ones are battling

mental illness. As have thousands of others, read and learn LEAP——Listen, Empathize, Agree, and

Partner—and help your patients and loved ones accept the treatment they need.

Page 8: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Page 8

IN A CRISIS

Mobile Crisis: Mobile Crisis provides emergency intervention, de-escalation, screening and assessment for individuals who

are in emotional distress. As a family member or close friend, you can call Mobile Crisis and discuss the situation with them.

They will help to determine the best course of action. It may involve them going to the individual’s home to assess the situation.

Based on the assessment, they may recommend community treatment, or they can arrange to have the individual hospitalized.

Mobile Crisis services are available 24 hours a day, 7 days a week.

Palm Beach County has three Mobile Crisis Units

Jerome Golden Mobile Crisis (northern part of county):

561-383-5777

Jerome Golden Mobile Crisis (Glades area): 561-992-8707

South County Mobile Crisis (southern part of county): 561-637-2102

Calling 911: If you find that the situation has escalated to a point of crisis, call 911, describe your situation and ask for a CIT

trained officer. Crisis Intervention Training is a week-long training developed nationally by NAMI and the police to improve

responses to people in crisis. Many local officers have participated in this training.

NAMI REACH

Hope Through Support

NAMI Palm Beach County offers a peer support program for adults living with mental health

conditions.

NAMI Peer Specialists help individuals to create a community of support through facilitating

and encouraging community connections. They can help to develop strategies to minimize

challenges and encourage participation in support groups and educational, social, and com-

munity activities. The program is offered free of charge to individuals 18+ living with mental

illness in Palm Beach County.

The NAMI REACH Program is made possible through the generous support of the Healthcare

District of Palm Beach County and BallenIsles Charities Foundation.

Page 9: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

NAMI Support Groups

Page 9

NOTE: Support groups are subject to change. Please call NAMI PBC at 561-588-3477 to confirm details. For information about other local support groups, please call

NAMI PBC at 561-588-3477.

NAMI Connection Peer Recovery Support

NAMI Young Adults Support Group

NAMI Family Support Group

NAMI on Wednesdays Drop In Center

Lake Worth (NAMI Office)

1520 10th Ave. N, Suite D, Lake Worth, 33460

Saturdays, 4:00 p.m.—5:30 p.m. *New Group

Saturdays, 6:00 p.m.—7:30 p.m.

Delray (South County Mental Health Ctr, Toole Bldg)

16158 S Military Trail, Delray Beach, 33484

Mondays, 2:45 p.m.—3:45 p.m.

Jupiter (Southeast Florida Behavioral Health Network)

140 Intracoastal Pointe Dr., Ste 208, Jupiter, 33477

Mondays, 5:30 p.m.—6:30 p.m. *New Time

Lake Worth (NAMI Office)

1520 10th Ave N, Ste D, Lake Worth, 33460

First 3 Fridays each month, 6:00 p.m.—7:30 p.m.

Lake Worth (NAMI Office)

1520 10th Ave N, Ste D, Lake Worth, 33460

Wednesdays, 11:00 a.m.—4:00 p.m.

Boca Raton (East) (Boca Raton Community Center)

150 Crawford Blvd., Boca Raton, 33432

2nd Wednesday, 6:30 p.m.—8:00 p.m.

Boca Raton (West) (West Boca Library)

18685 N. State Road 7, Boca Raton, 33498

1st Thursday, 6:30 p.m.—8:00 p.m.

Delray Beach (Fair Oaks Pavilion, Classroom D)

5440 Linton Blvd., Delray Beach, 33446

2nd Tuesday, 7:00 p.m.—8:30 p.m.

Delray Beach (Fair Oaks Pavilion, Classroom D)

5440 Linton Blvd., Delray Beach, 33446

1st Wednesday, 5:30 p.m.—7:00 p.m.

Jupiter (Southeast Florida Behavioral Health Network)

140 Intracoastal Pointe Dr., Ste 208, Jupiter, 33477

3rd Wednesday, 6:30 p.m.—8:00 p.m.

Due to high demand, we have added an

additional Saturday NAMI Connection

Support Group in Lake Worth.

Saturdays, 4:00 p.m.—5:30 p.m.

1520 10th Ave. N, Ste D, Lake Worth, 33460

Page 10: The Voice · used my clients’ mental illnesses as a way to mitigate or lessen their culpability or to exonerate them. Although I have seen first-hand how some vic-tims believe attorneys

Non-Profit Organization

US Postage Paid

West Palm Beach, FL

Permit No. 1327

National Alliance on Mental Illness of Palm Beach County

Mollie Wilmot Center—Palm Healthcare Pavilion

5205 Greenwood Avenue, Suite 110

West Palm Beach, FL 33407

Or Current Resident

MEMBERSHIP: Regular $40 Open Door $5 Household $60

SPONSORSHIP: Professional $65 Corporate $250

DONATION: $____________________

Mail to:

5205 Greenwood Ave., Suite 110

West Palm Beach, FL 33407

You can also donate online through

our secure PayPal at: namipbc.org

I would like to be contacted concerning

Volunteer opportunities ____

Receive NAMI newsletter ____

I would like to be on e-mail list ___

NAMI Membership includes 3 levels: Affiliate, State & National. NAMI is a 501(c)(3) non-profit, charitable organization—contributions are tax-deductible to the fullest extent allowed by law. Together, we can continue to fight for all those affected by mental illness. PLEASE NOTE: In order for NAMI/PBC to receive

your full donation, please send your donation to the NAMI PBC office. Thank you!

Contributions benefit NAMI|PBC, a not for profit tax exempt organization. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION OF NAMI|PBC (CH 6498), MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES AT WWW.800HELPFLA.COM OR BY CALLING

TOLL FREE 1-800-435-7352 WITHIN THE STATE OF FLORIDA. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMEN-

DATION BY THE STATE. NAMI|PBC receives 100% of each contribution.

Check here for new membership: ___ membership renewal:

Date:_________

Name:________________________________________________

Address:______________________________________________

City/St:_______________________________________________

Zip:___________....Phone:_______________________________

Email:________________________________________________