State appellate court rules against Columbia County judge

A state appellate court recently overturned a decision made by Columbia County Judge Michael Howard regarding the placement of a man found not guilty by reason of mental illness. The court determined that Howard erred in allowing the individual, identified as El Shamar B., to be placed in a non-secure psychiatric facility after he faced charges including robbery and burglary.

Evidence presented during the proceedings showed that two psychiatric examiners concluded the individual suffered from a dangerous mental disorder. These experts highlighted his extensive history of substance abuse and repeated disregard for court orders as primary reasons for requiring a secure psychiatric setting. Despite this testimony, Judge Howard opted for a less restrictive placement, citing the defendant's expressed openness to sobriety and a lack of recent violent incidents as justifications.

The appellate court ruled that Howard prioritized the defendant's self-reported progress over the assessments provided by qualified professionals. The ruling pointed out that Howard discounted significant factors, such as the defendant’s history of bail jumping and his behavior during previous hospitalizations, where he required physical restraints due to being a danger to others.

This decision marks another point of tension between the bench and the district attorney's office. Columbia District Attorney Chris Liberati-Conant has been involved in several legal challenges regarding the judge's rulings over the past year. As the appellate division has clearly stated, the disregard for expert clinical opinion in this case necessitated an intervention to ensure appropriate safety measures are in place for the public and the defendant.