If you believe you are a victim of criminal activity perpetrated by Robert Kelly, please contact HSI at 1-866-DHS-2-ICE (1-866-347-2423) or by logging on to -tip-form. This service is available 24 hours a day, seven days a week. All information will be kept strictly confidential.
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To determine whether a patient had a criminal record, names were first entered into these databases and then a more thorough review of that criminal record was completed to confirm a patient's identity. Criminal record searches within the United States have previously been used within the psychiatric literature,13 but currently, there are no validated guidelines for confirming a patient's identity within these records for the purposes of research. However, we made every reasonable attempt to confirm patients' identities without the availability of fingerprints, photographs, and DNA samples by performing a thorough record review. A patient's identity was deemed confirmed when a record contained either of the following information:
If an identity was not confirmed when a criminal record was found (i.e., John Doe, born 2050 without other identifying information), then a detailed review of that criminal record was not completed, and this was not included in the final analysis. In addition, if a criminal record was found, but there was no specific information regarding the nature of the crime, then this was also not included in the analysis (i.e., gave year of court case, but no further information).
In contrast to the database review, based on the chart review, physical aggression was the most common type of criminal behavior, which has similarly been reported in other studies.10,12 Caregivers were the victims of this violence in 85.5% of cases, which is likely why the majority of these instances did not result in criminal charges or arrests. These instances were most commonly committed by patients in the advanced stages of the disease (i.e., patients who were not ambulatory without assistance and who had symptoms of major cognitive impairment). Physical aggression was often discussed in outpatient visits with caregivers, although it was unclear how much time was spent discussing this topic. More severe and acute instances of violence often led to calls to the patient's primary neurologist on behalf of the caregiver for medication changes or other management recommendations. The very rare 911 calls because of uncontrolled violence resulted in the deployment of police or emergency medical services to transport patients to hospitals, rather than arrests. As with our study, violence against caregivers is not uncommon in all types of chronic illnesses including other types of dementia and psychiatric diseases.21-23 In these previous studies, caregiver violence has been associated with high levels of caregiver distress, burden, and depression. Although physical aggression was not uncommonly discussed in outpatient visits in our study, it seemed to remain an undertreated symptom for caregivers. Ultimately, more evidence is needed on how to adequately manage caregiver violence. Current evidence supports that education for caregivers is most beneficial (i.e., identification of triggers causing violent behaviors) rather than pharmacologic interventions or physical restraints, which are commonly used to manage these behaviors.24
Serious offenses resulting in arrests and local jail sentences were only committed by a minority of patients. 12.4% of the sample had been arrested based on an online database review. In addition to our patient who had been incarcerated for crimes related to explosive devices, there were other instances of patients with extensive criminal records, including a patient with 6 charges of domestic battery and another with 3 charges of aggravated assault. In these cases, crimes were committed after a formal HD diagnosis and the development of clinical signs of HD such as chorea and cognitive impairment. Previous case reports describing details of crimes committed by patients with HD have also generally involved serious crimes.25-30 These crimes were committed during all stages of HD. In-depth forensic psychiatric evaluation of patients with HD within these case reports revealed a significant lack of insight surrounding their crimes,25-27 but despite this, very few legal precedents have been set by these cases. Very rarely has the diagnosis of HD been used as a mitigating factor to reduce sentences and the declaration that a person was unfit for trial.27 In addition to poor insight, theories of the pathologic mechanism underlying criminality in these patients with HD included caudate dysfunction, lack of empathy and inability to recognize emotions of others, and the well-recognized psychiatric signs of the disease including aggression. These and other possible mechanisms have been reviewed recently in the study by McDonell et al.12 Aside from the medical literature, in the national media, there have been numerous reports of patients with HD who have been arrested or prosecuted while showing clinical signs of the disease.31,32 The sentiment within these news articles and that of the public interviewed is that the legal system does not manage these patients with HD appropriately, rather than villainizing these patients who may have committed offenses.
Our data have important limitations. We were unable to access public databases from 2 of the most populous counties in Illinois, including Cook County, which has the highest crime rates in Illinois,40 and we also excluded databases outside Illinois. The years of available data included in the databases also varied significantly by county, with some counties having searchable criminal records as early as 1988, to some whose records only dated back to 2015. On average, records dated back to the late 1990s and early 2000s. Although every reasonable effort was made to confirm patients' identities and records without a confirmation were excluded, in some cases, a record may have been included in our analysis in error. Similarly, our rates of criminality may be unique to individuals living in Illinois or our particular clinic, which primarily comprised the urban Chicagoland area. Crime rates are significantly higher in urban areas compared with suburban and rural areas,41 and thus, our crime rates may be higher than the general population and, therefore, not a generalizable sample of patients with HD.
As evidence of the effect of geographical location, in our study, county of residence was associated with having a criminal record. A limitation of our study is that we did not include many other possible social determinants of crime including the well-studied effect of family structure (i.e., instability or changes within a home and mother vs mother-father households).42 Detailed descriptions of home structure and a family history of crime were not available in our medical charts, but given the devastating effects an autosomal dominant neurodegenerative disease may have on family structure, this should be a focus of future studies. Although racial disparities within the criminal justice system are well-established,43 we did not find that race was associated with a criminal record. We did not find that criminal behavior had the same associations as having a criminal record but was rather linked to illicit substance abuse, as has been seen in other studies.13 It was also associated with CAG repeat size, which was larger in those with criminal behavior. Although larger CAG repeat size has been linked with earlier onset of manifestations of HD and also more severe motor and cognitive dysfunction, it has not been found to be associated with psychiatric and other behavioral manifestations.44,45 Other important variables that may be associated with criminality, which we did not address in our study, include measures of aggression, behavioral or cognitive symptoms, and psychiatric disease including psychosis.13,24
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