High court halts drugs for suspect

Thursday, July 17, 2003 | 9:33 a.m.

CARSON CITY -- The Nevada Supreme Court on Wednesday issued a writ stopping the state from forcing antipsychotic drugs on a criminal suspect to make her competent for trial.

The court returned the case of Destyni Pennington to District Judge Lee Gates with orders to follow a new decision by the U.S. Supreme Court in that kind of case.

Pennington was arrested in January on charges of passing bad checks. She was found incompetent to stand trial and ordered to Lake's Crossing, a state mental facility near Reno.

Kevin William, a Clark County deputy public defender, filed a petition for a writ in the Nevada Supreme Court, saying that the state had not followed the guidelines of the U.S. Supreme Court in determining whether to use involuntary medication.

He said the state is trying to force several antipsychotic drugs on Pennington without following the new guidelines.

After the U.S. Supreme Court issued its ruling in June, Carlos Brandenburg, administrator of the state Division of Mental Health and Developmental Disabilities, said the state would change its practice.

The U.S. Supreme Court, in its 6-3 decision, said the involuntary administration of drugs should be rare and other means should be used to make individuals competent to stand trial.