United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
B. SARIS, Chief United States District Judge
Mahoney was civilly committed on October 14, 2014, pursuant
to 18 U.S.C. § 4246, after the Court concluded by clear
and convincing evidence that Mahoney was “presently
suffering from a mental disease or defect as a result of
which his release would create a substantial risk of bodily
injury to another person or serious damage to the property of
another.” United States v. Mahoney, 53
F.Supp.3d 401, 402 (D. Mass. 2014), aff'd, 661
F. App'x 1 (1st Cir. 2016). This Court found that Mahoney
suffers from Bipolar Disorder and Antisocial Personality
Disorder. Id. at 415. Mahoney has an extensive
criminal history, with thirty-four adult criminal convictions
including convictions for violent offenses. Id. at
moved for a hearing pursuant to 18 U.S.C. § 4247(h) to
determine whether he still meets the criteria for commitment
under 18 U.S.C. § 4246 (Docket No. 185). A hearing was
held on January 26, 2017 and continued on January 27 and 30.
Forensic psychologist Dr. Shawn Channell of Federal Medical
Center in Fort Devens MA (FMC Devens) testified on behalf of
the government. Mahoney subpoenaed Dr. David Hoffman, a
board-certified psychiatrist and current medical director for
the Metro Boston area of the Massachusetts Department of
Mental Health (DMH), who determined at the state level that
Mahoney did not have a qualifying mental illness. Mahoney was
represented by court-appointed counsel. He did not present
his own expert testimony.
review of the record and evidentiary hearing, the Court
DENIES Mahoney's motion for discharge.
Court bases these findings on the testimony and exhibits
submitted at the evidentiary hearing.
the end of August 2016, Mahoney had gone about ten months
without a disciplinary incident. However, on November 21,
2016, two incident reports were filed against Mahoney. First,
an incident report was filed against Mahoney for threatening
another with bodily harm. Gov't ex. 124. Dr. Gorham
stated that during a meeting, “MAHONEY got up from
where he was sitting, walked across the room to stand close
to this writer, and, in a loud, pressured voice, stated,
‘You know what, [used my first name in spite of being
directed not to previously], I'm from right here in
Boston, and I'm getting out! REMEMBER THAT! I'm from
right here in Boston and I'm going to be out there soon!
Remember that!' In context, it was clear that the inmate
was expressing a veiled threat but he did not make a more
explicit threatening statement.” Gov't ex. 124,
BOPMahoney 01913. Mahoney responded: “I am not guilty.
Boston MA is not a threat. I only got the shot because I did
not apologize in the meeting. I did not threaten to bodily
harm him. I just did not apologize to him.” Gov't
ex. 124, BOPMahoney 01911.
result of his behavior in front of Dr. Gorham, Mahoney was
transferred to the locked mental health unit. Gov't ex.
105, BOPMahoney 01857. While his property was being packed
for transfer, a bottle of pain reliever containing 29 pills
of Seroquel 300mg was found in Mahoney's locker. At that
time, Mahoney was proscribed 900mg of Seroquel a day. When
asked about the pills found in the Aleve bottle, Mahoney
admitted they were pills he was supposed to take as part of
his daily medication. Consequently, a second incident report
was filed against Mahoney for misuse of medication. Gov't
ex. 105, BOPMahoney 01857.
Application for State Benefits
February 2016, Mahoney submitted an application to DMH for
mental health services. Gov't ex. 134, tab 13, BOPMahoney
02215-20. Based on a review of Mahoney's written
application, Dr. Hoffman found Mahoney did suffer from
several disorders, including: attention deficit disorder,
antisocial personality disorder, narcissistic personality
disorder, and possibly Bipolar II. 1/26/2017 Hrg. Tr.
22:12-16. Dr. Hoffman did not find Mahoney suffered from
Bipolar I and denied Mahoney state benefits on March 25,
2016. Gov't ex. 134, tab 9, BOPMahoney 02197-99. In this
denial letter, Dr. Hoffman wrote: “There is no
definitive documentation [in your initial application] of the
presence of psychotic symptoms consistent with a diagnosis of
Bipolar I Disorder, and thus opinions that your presentation
is more consistent with a Bipolar II Disorder with episodic
hypomania seem more accurate.” Gov't ex. 134, tab
9, BOPMahoney 02198. Mahoney appealed this decision.
Gov't ex. 134, tab 7, BOPMahoney 02174-75. A state
hearing was held on September 28, 2016. Gov't ex. 135,
BOPMahoney 02433-02532. Before the hearing, Dr. Hoffman met
with Mahoney in person for one hour on June 23, 2016.
state hearing on September 28, 2016, Dr. Hoffman testified
that Mahoney did not meet the criteria to receive DMH
benefits because he did not have a “qualifying”
diagnosis. Gov't ex. 135, BOPMahoney 02489. Mahoney was
present. It was at this hearing that Mahoney first heard Dr.
Hoffman testify that he believed Mahoney did not suffer from
Bipolar Disorder. Specifically, Dr. Hoffman testified:
“I would give him antisocial personality disorder,
narcissistic personality disorder, attention deficit
hyperactivity disorder, rule out traumatic brain injury, rule
out Bipolar II.” Gov't ex. 135, BOPMahoney 02489.
FMC Devens ...