Evening star., 1961-12-08
Judqe Hits Insanity
P| |ea for Woman
St. EIizubeths
Ordered to
Release Her
by DANA BULLEN
Star staff Writer

Star Staff Writer
A District Court judge today
ordered the release from st.
Elizabeths Hospital Of a woman
who claimed an insanity de-
fense was forced upon her in a
Municipal Court intoxication
trial.
The woman, Miss Joan Trem-
blay, 33, former Government
secretary, argued she was not
insane and should not be con-
fined at the hospital with in
sane patients.
Judge Alexander Holtzoff, in
ordering her release. said
"foisting" of an insanity de-
fense on an unwilling defend
ant is a violation Of due process
of law.
The judge said he considered
it "a deprivation of constitu-
tional right to force any de-
fense on defendant in a crimi-
nal case"
Tried to Plead Guilty
Miss Tramhlov. et. her trial,
tried to plead guilty but was
found not guilty because of in
sanity when a psychiatrlst
testified she was suffering from
an anxiety neurosis which the
doctor called a mental illness.
Under the Districts manda-
tory commitment law, a per-
son who is found not guilty
because of insanity in a criml-
nal case must be committed
to a mental hospital until
recovery.
| Lawyers for such defendants
have been concerned that IN
relatively minor cases the IN
determinate commitment might
last far longer than the jail
term prescribed for the offense
under the law.
Judge Holtzoff, in today's
case. had asked why Miss
Tremblay did not merely post
$40 collateral on the intoxica-
ton charge and avoid a trial.
He was told she had been in
digent at the time.
! The judge was careful to dis
tinguish the facts upon which
he based his ruling from an
other case involving a judges
rejection of a guilty plea. In
the other case. man also was
\ found not guilty because OF
insanity. The Court of Appeals
held the Judge in that case had
a right to reject the mans
guilty plea.
That case is now before the
Supreme Court.
Judge HoltZoff said he was
deciding today's case on the
different point of the constitu-
tional question that arises when
a defendant is given an invol-
untary defense he does not
want.
The judge has expressed deep
concern over the possibility
that sane persons might be
confined with insane persons
at st. Elizabeths. Il think to
confine a sane person with an
insane person is inhumane,"
: he said.
Judge Holtzoff noted that
neither Miss Tremblay nor her
lawyer had raised the sanity
issue at her trial on the intoxi-
cation charge in Municipal
Court. Judge Holtzoff was told
the defense was "rammed down
her throat" by the Government.
Lacking in Will Power
Judge Holtzoff noted that two
psychiatrists put on the stand
by Miss Tremblay's lawyer,
Richard Arens. testified that
she was not suffering from a
mental illness. One prosecu-
ton doctor said she was.
The judge said Miss Trem-
blay. in ordinary language. was
"an alcoholic who lacks suffi-
cient will power to refrain from
indulging to excess"
A hospital staff member test
fled she had been kept for a
month in locked wards after
unauthorized absences from the
hospital. The doctor said many
other patients in these wards
were given ground privileges.
The doctor said Miss Trem-
blay'S claim she was placed with
persons who were "frothing at
the mouth" and in the rigid
, poses of catatonic stupors were
exaggerated.
DR.. Winfred Overholser, su-
/, perintendent of the hospital,
said the facility was giving a
standard of care that is
consistent with the best that is
available in public institutions.
We're not operating a snake
pit here"
: Release of Miss Tremblay was
deferred for five days by Judge
Holtzoff to permit the Govern
ment to file an appeal from his
? ruling.
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