Had he gone to trial and been convicted of kidnapping and attempted homicide, the man could have been sentenced to life in prison. Instead, he is serving a sentence of 16 months to five years. Under state law, he must be freed after serving his maximum sentence if he's not paroled earlier. Prosecutors said it's unlikely he will be paroled after serving his minimum sentence. The state Parole Board routinely requires inmates to serve most of their prison sentences.
Authorities have mixed opinions about laws regarding access to previous psychiatric reports.
Peck said state mental health laws, designed to protect the confidentiality of the doctor-patient relationship, block access to psychiatric records of all individuals, not just criminals. Criminal prosecution, Peck explained, is based on the information available to a prosecutor. The only way a prosecutor can gain access to psychiatric records is if the accused raises an insanity defense. Peck said he realizes many individuals in the criminal justice system have serious mental illnesses. He estimated about 10 percent of the caseload in his office includes mental health issues.