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Trials & Litigation

Lawyer Says Client with Multiple Personalities Shouldn’t Stand Trial

Posted Jun 10, 2009 11:25 AM CST
By Sarah Randag

A defense attorney argued his client should not be prosecuted on the Medicaid fraud charges brought against her because she has multiple personality disorder.

"How can she get adequate representation of counsel?" David Bythewood asked in federal court in Central Islip Monday.

Blythewood's client, Helene Michel, is charged with operating a $26 milllion Medicaid fraud, Newsday reports. Prosecutors say Michel would enter nursing homes on the overnight shift, saying she was from an equipment supplier, convince workers to let her look at patient records and steal pages from them and use them to submit fake bills to Medicaid, United Press International reports.

But Blythewood says Michel's alternate personalities—Valerie Brown and Yael Norman, to name a couple—could emerge during testimony and sabotage the case. Eric Pakun, a psychiatrist hired by Blythewood, testfied Monday that "is likely that under the stress of a trial or testifying, she will, without being aware of this, experience transitions to her alternate identities for an uncertain duration."

Federal prosecutor Charles Kelly said that the government psychologist testified that Michel was capable of standing trial and that steps could be taken during the trial to stop proceedings and bring Michel back to her real personality, if needed.

Comments

1.

Allowable
Jun 10, 2009 11:52 AM CST

Perhaps she should have several trials, one for each personality.

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2.

B. McLeod
Jun 10, 2009 12:38 PM CST

Agreed, because all of them will have to deal with the consequences.  Separate counsel should be appointed, and a separate trial held for each personality implicated in the charged conduct.  And, if some of her personalities turn on, and implicate, others, the jury should be given special instructions that those statements do not constitte “admissions” by the personalities not subscribing to them.  Finally, if she gets sent to the pokey, they should keep watch so they can let her out while she is manifesting the various personalities that are not convicted, and only the time served by the convicted personalities should count against the sentences.

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3.

AndytheLawyer
Jun 11, 2009 11:37 AM CST

If there is a conviction and fines or incarceration, the innocent personalities should sue the guilty ones for indemnification.  I’m particularly looking forward to the attorney-client privilege arguments during that litigation.

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4.

JGriffin
Jun 12, 2009 7:33 AM CST

Excuse me, but the $26 million in Medicaid fraud is taxpayer money (you and me) - if she has multiple personalities, she managed to keep them in check while she was cheating us out of our money, so she should be able to keep them in check when she has to account for her actions.  No sympathy here.  However I did enjoy the legal “analysis” of the other commentators, especially Andythe Lawyer’s.

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5.

B. McLeod
Jun 13, 2009 8:35 PM CST

Actually, I can see this becoming the main defense theory at trial.  Perhaps the personality obtaining the patient data had no idea it was being used to generate bills.  The personality sending the bills to medicaid possibly did not realize the services were not actually being performed.  The personality receiving the checks may not have realized what “Medicaid” was, and may mistakenly have thought she was receiving $26 Million in gifts from the government (like large banks do).  It should be quite the trial.

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