CourtListener 10337497•Peo in Interest of Prieto
Texto completo
24CA2114 Peo in Interest of Prieto 02-20-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA2114
Pueblo County District Court No. 24MH30121
Honorable Timothy O'Shea, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Julio Adrian Prieto,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE SULLIVAN
Freyre and Schock, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced February 20, 2025
Cynthia Mitchell, County Attorney, Kate H. Shafer, Special Assistant County
Attorney, Pueblo, Colorado, for Petitioner-Appellee
Tezak Law, P.C., Mary Tezak, Florence, Colorado, for Respondent-Appellant
¶1 Julio Adrian Prieto appeals the district court’s order
authorizing the involuntary administration of medication. We
affirm.
I. Background
¶2 Prieto suffers from schizophrenia. Untreated, he exhibits
symptoms that include auditory hallucinations, paranoia,
delusions, mood dysregulation, aggression, and suicidal ideation.
Deemed incompetent to stand trial in a criminal matter, he was
admitted to the Colorado Mental Health Hospital in Pueblo
(CMHHIP) in October 2024. Though he initially complied with
treatment, he suddenly and intermittently refused medication a few
weeks into his hospitalization.
¶3 The Pueblo County Attorney sought a court order authorizing
the involuntary administration of three medications: olanzapine
(Zyprexa), ziprasidone (Geodone), and haloperidol (Haldol).1
Consistent with People v. Medina, 705 P.2d 961 (Colo. 1985), the
petition asserted that (1) Prieto is incapable of participating in
1 The petition also requested various forms of paliperidone (Invega),
but the treating psychiatrist removed that medication from the
request at the hearing.
1
decisions affecting his health and treatment; (2) the requested
treatment is necessary to prevent a significant and likely long-term
deterioration in his mental health condition or to prevent the
likelihood of him causing serious harm to himself or others; (3) a
less intrusive treatment alternative isn’t available; and (4) Prieto’s
need for treatment is sufficient to override any bona fide and
legitimate interest he has in refusing treatment.
¶4 During an evidentiary hearing on the petition, the district
court heard testimony from both Prieto and his treating
psychiatrist, Dr. Hareesh Pillai. At the end of the hearing, the court
found that Dr. Pillai had testified “credibly and persuasively,” and
adopted the opinions he expressed. The court concluded that the
People had proved all four Medina elements and issued an order
authorizing CMHHIP staff to administer the requested medications
to Prieto against his will.
II. Standard of Review
¶5 When, as here, a patient challenges the sufficiency of the
evidence supporting an involuntary medication order, we review the
district court’s legal conclusions de novo but defer to its factual
findings if they have record support. People v. Marquardt, 2016 CO
2
4, ¶ 8. We view the evidence as a whole and in the light most
favorable to the petitioning party, leaving the resolution of
testimonial conflicts and the determination of witness credibility
solely to the fact finder. People in Interest of Uwayezuk, 2023 COA
69, ¶ 57; People in Interest of R.C., 2019 COA 99M, ¶ 7. As the fact
finder, the district court determines the sufficiency, probative effect,
and weight of the evidence, along with the inferences and
conclusions to be drawn from the evidence. R.C., ¶ 7.
III. Discussion
¶6 A district court may order the involuntary administration of
medication to a patient only if the People prove, by clear and
convincing evidence, each of the four elements outlined in Medina.2
Medina, 705 P.2d at 973. Prieto doesn’t contest the second and
fourth Medina elements. He contends only that the evidence
2 A different test applies to petitions to administer involuntary
medication solely to restore competency. Sell v. United States, 539
U.S. 166, 180-81 (2003). But the parties don’t dispute that People
v. Medina, 705 P.2d 961 (Colo. 1985), applies here because the
purpose of the medications is to prevent Prieto from (1) suffering a
significant and long-term deterioration in his mental condition and
(2) causing serious harm to himself or others in the institution.
See Sell, 539 U.S. at 181-83.
3
presented at the hearing was insufficient to prove the first and
third. We aren’t persuaded.
A. The First Medina Element: Incompetency to Participate in
Treatment Decision
¶7 The first Medina element requires that the patient is
incompetent to effectively participate in the relevant treatment
decision. Id. A court may not order the forced medication of an
involuntarily committed patient unless it is satisfied that the
patient’s mental illness has so impaired their judgment as to render
them incapable of participating in decisions affecting their health.
Id. (citation omitted).
¶8 Dr. Pillai offered his expert opinion that Prieto is incompetent
to effectively participate in his treatment decisions. The district
court credited Dr. Pillai’s testimony, adopting the doctor’s opinions
as its own. Still, Prieto asserts that Dr. Pillai’s testimony about why
he believed Prieto was incompetent had nothing to do with Prieto’s
judgment but rather the risk of harm that he poses to himself and
others. But Dr. Pillai testified that, unmedicated or
undermedicated, Prieto lacks insight into his mental illness; indeed,
Prieto himself downplayed the severity of his illness, claiming that
4
he only has anxiety. And although Prieto has been able to work
appropriately with the treatment team, voice his opinions on his
treatment, and live a normal life when he is medicated, Dr. Pillai
testified that “so far in this hospitalization, he’s been unable to
participate in [treatment] discussions” due to his mental instability
and assaultive and aggressive behaviors. In addition, Dr. Pillai
observed that, in attempting to speak with Prieto about how he
wants to proceed with treatment, Prieto typically exhibits
“significant thought blocking and poverty of speech.”
¶9 Under these circumstances, we can’t conclude that the
evidence was insufficient to support the district court’s
determination that Prieto is incompetent to effectively participate in
the treatment decision.
B. The Third Medina Element: No Less Intrusive Treatment
Alternative
¶ 10 The third Medina element requires, and the district court
found, that a less intrusive treatment alternative isn’t available.
See id. The record supports this determination.
¶ 11 Dr. Pillai testified that he didn’t believe any alternative method
of treating Prieto would be both as effective and less intrusive than
5
the requested medications. He testified that Prieto suffers from
“treatment-resistant” schizophrenia and “[t]he objective
documentation” he had from Prieto’s past hospitalizations indicated
“that he required two antipsychotics, mainly Zyprexa and Geodon,
to stabilize from an acute psychotic phase of his illness.” He
further testified that his treatment team has “tried to treat [Prieto]
on max-dosage Zyprexa, alone, and he continues to [exhibit]
assaultive behavior,” so the Geodone is necessary. Likewise, Dr.
Pillai testified that Haldol was necessary to treat Prieto’s instances
of acute agitation — which, in addition to his assaultive behaviors
at CMHHIP, included punching walls, banging his head against the
wall, and self-harming while in jail — and as an intramuscular
“backup” option.
¶ 12 Nonetheless, Prieto points to his own testimony “assur[ing] the
court that he would take the two primary medications voluntarily
without a court order.” As we understand his argument, Prieto
implies that his willingness to do so constitutes a less intrusive
treatment alternative. But he concedes that he has a history of
refusing medications and his testimony regarding his present
consent was inconsistent at best. When asked if he wanted the
6
option of taking the requested medications voluntarily without a
court order being entered, he answered, “[M]aybe . . . not sure.”
And although he initially said he would agree to a consent order, he
abruptly “changed [his] mind” once the court said it would prepare
such an order if that was what Prieto wanted. See People in Interest
of Strodtman, 293 P.3d 123, 133 (Colo. App. 2011) (rejecting the
respondent’s argument that taking her medication orally was an
effective, less intrusive alternative to injection because she lacked
the capacity to consistently take her medication orally). Further,
Dr. Pillai testified that, in discussing Prieto’s ability to take the
medications voluntarily, Prieto said that he didn’t suffer from a
mental illness and denied that medications had any benefit.
¶ 13 Dr. Pillai’s testimony about the need for the requested
medications, along with Prieto’s lack of insight into the benefit and
need for medications and his sudden, intermittent refusals of
treatment, is sufficient to support the conclusion that his stated
willingness to voluntarily comply with the treatment is not a less
intrusive treatment alternative.
IV. Disposition
¶ 14 We affirm the order.
7
JUDGE FREYRE and JUDGE SCHOCK concur.
8
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.