Defense attorney says his incarcerated client not getting mental health treatment

An attorney’s attempt Tuesday to get his client released from Westmoreland County Prison highlighted issues with the inaccessibility of mental health treatment for incarcerated defendants.

Attorney Brian Aston asked that Susan Barkley, 42, of Unity be released on home electronic monitoring to get mental health treatment while she awaits trial in an assault case. In jail, she’s not going to regain her mental health while being “warehoused,” Aston said.

“There’s no type of treatment really available for her,” he said.

Assistant District Attorney Anthony Iannamorelli countered that community safety could be at stake. Barkley is accused of using a pen to stab a registered nurse in the ear at Excela Health Westmoreland Hospital’s behavioral health services unit in June during an involuntary commitment. She has been jailed without bond since then.

“You’re both right,” Judge Christopher Feliciani said.

It doesn’t make sense to keep someone in jail when their mental health has stabilized with help of medication, “but there has to be a balance in protecting the community,” he said.

However, he pointed to an incomplete report from Torrance State Hospital as an issue that must be fixed before he can make a decision. Barkley spent two months at the Derry Township facility after her arrest under a court order that requested doctors provide reports on two issues — her competency and how to handle sentencing. Feliciani said the report, which was not signed, did not address sentencing issues and what kind of future treatment Barkley might need.

“I think you need to get an updated report,” Feliciani told Aston. “I’m not going to just send her home because she appears to be OK today. I’m not confident doing that.”

Aston said he would work on getting the rest of the report. But Feliciani and both attorneys agreed it appears there’s a hole in the system for defendants with mental health issues.

“Maybe we need to have a mental health court that focuses just on mental health patients” and involves a psychiatrist and social worker to resolve criminal cases, Feliciani said. “Maybe that’s a solution. Whatever our process is, it didn’t work here.”

Westmoreland County has special treatment courts for defendants with drug issues and veterans.

“That would be perfect,” Aston replied.

Barkley has a separate case pending in which she is accused of chasing another vehicle and ramming it twice with her Ford Expedition in October 2019. Police said in court papers the chase started on Youngstown Ridge Road and ended at Greater Latrobe High School in Unity.

Police said Barkley got out at a stop light, screamed at two people in the other vehicle and punched the driver’s side mirror. She got out again outside the high school before a teacher and police ordered her to leave, according to court papers. Her $1,000 bond was revoked in that case after her June arrest, according to online court records.

Attorneys are trying to have her bond reinstated.