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There have been cases when NYPD (New York Police Department) cops answer EDP (emotionally disturbed person) calls and the incident ends in violence or death. If we say that the emotionally disturbed persons' mental illness can make them out of control, then it is no fault of theirs that they are acting that way. It is their illnesses' fault, a chemical imbalance of the brain that causes some people to have very poor judgment, especially under stress. Then the only people left to blame for these violent and sometimes lethal outcomes are the police, right? It is not that simple. The police are supposed to follow protocols. Violent outcomes are what the police seek to avoid, but these undesirable outcomes are happening, sometimes ending in death. Many people believe these outcomes can be prevented.

A panel of interested parties discussed this subject on October 10th at the historic Association of the Bar of the City of New York in midtown Manhattan. Panelists shared their thoughts on this important subject.

Michael Avery, an associate professor at Suffolk Law School and leading expert in civil rights said that there exists proper training to deal with EDP situations across the country. He claimed that good training materials have been available for the past 50 years to minimize violent outcomes. The NYPD does not spend enough time and resources training cadets and officers to handle EDPs. He said that EDP calls should be treated "differently than with a criminal."

When police get sued over a violent encounter the courts only look at whether the officer's violent or lethal response was under emergency circumstances. The courts allow police officers a zone for error due to "split second decision making." Mr. Avery thought that courts fail to consider the "totality of the circumstance," in other words, if the officer's improper initial response actually creates the emergency. Mr. Avery indicated that the need for split second decision making comes from an officer making a mistake somewhere in the beginning of the encounter.

James Fyfe, Deputy Commissioner for training of the NYPD said EDP calls are "very frequent," especially after deinstitutionalization, where thousands of mental health patients were released into the community from the closing of state hospitals. He assured attendees that 29 of the last 30 years, New York City has had the lowest use of deadly force of all major U.S. cities.

Mr. Fyfe said we sometimes judge whether the cop's actions were appropriate solely by whether the outcome was OK, and we shouldn't. Sometimes the cop does everything right and something bad happens, but sometimes the cop does everything (or many things) wrong, and the EDP simply gives in peacefully. The suggestion is that we may need to look at these incidents another way.

Richard Miraglia, director of forensic mental health services for the New York State Office of Mental Health, pointed out that his branch of government established a two-day police training program for handling EDP calls. The state's course is used by every law enforcement agency in New York except the NYPD. Mr. Miraglia said that trainers would be made available to the NYPD if they asked for them. New York City's Deputy Commissioner of Mental Hygiene Lloyd Sederer, M.D. explained from a psychiatrist's point of view how violence can occur when a cop meets a consumer in crisis. He said consumers can be violent when they are psychotic or where substance abuse occurs. "The acutely paranoid person cannot tell fact from fiction." He described voices some consumers may hear: "Don't listen [to the police man]," or "Don't trust him," or "Run."

Dr. Sederer noted that substantial waiting times exist for psychiatric emergency services, which hinder police from bringing EDPs into psychiatric care. Police take EDPs to the precinct for faster discharge, so they can return to work. If they bring them to the emergency room (ER), "no telling how long they'll be there."

Fred Levine, an attorney and public policy consultant who represents community-based mental health providers, consumers and family groups, designed a police training program with Fountain House, a clubhouse. With a group of twenty officers at a time, Mr. Levine, a consumer himself, establishes a dialogue between the police, and members and staff of Fountain House. "We asked these officers to look at the way we look now. [We look] just like them… [They must] see us as whole people, not just EDPs."

There are tens of thousands of cadets and working cops. Mr. Levine's program is a tiny baby step in the right direction.

Craig Acorn, attorney with the Urban Justice Center's Mental Health Project was a psychiatric intake officer and he saw police bring consumers into the emergency room. For the most part, he said he encountered caring police who wanted to know how they could improve their interactions with the consumers they brought in.

Mr. Acorn noted that consumers are more often being brought to jail instead of an ER. He said people are being jailed and treated like criminals for having "what is essentially a medical crisis."

Opposing Mr. Fyfe's belief that the NYPD will remain untrained to deal with consumers in crisis because the City cannot afford it, Mr. Acorn enthusiastically proclaimed, as with everything, if the community wants it badly enough, it will happen!