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| Inside Las Colinas Detention and Re-entry Facility / Photo courtesy of the San Diego County Sheriff’s Department |
Maria Moore has spent almost five years in a San Diego County jail without having been convicted of a crime.
More than a decade ago, the district attorney’s office charged the
81-year-old in the beating death of another elderly woman in South Bay.
Moore is one of the longest-serving prisoners in San Diego County who’s
yet to go on trial. And she might never.
Moore’s case attracted media attention at the time, with headlines describing her as the victim’s caretaker.
That turned out to be untrue. A prosecutor later told the Superior
Court that the victim, Charmian Antaramian, had met Moore a few months
prior and allowed her to move in. Court records suggest that Moore had
once scalded Antaramian with hot water, sold herself as the trustee of
the victim’s estate and isolated her from friends.
After a concerned relative requested a welfare check, an SDPD officer crawled through a window in the house,
located in the Palm City neighborhood, and found Antaramian’s body, the
Star News reported. A prosecutor said police arrested Moore at a
neighbor’s house while she was in the process of purchasing a Greyhound
bus ticket. Moore later claimed to be a lay nun.
It was a sensational case. But its drawn-out history underscores the
complexity of prosecuting someone who’s severely mentally ill, pitting
criminal justice, psychiatry and conservatorships against one another.
Moore’s situation also speaks to a shortage of psychiatric beds in
California.
The criminal proceedings were immediately suspended so that the
Superior Court could determine whether Moore was fit to stand trial.
Judges waffled on this question for years, as attorneys dug up new
information and medical professionals offered one opinion after another.
Moore was removed from the courtroom for her outbursts on several
occasions.
In 2011, a judge concluded that Moore was mentally incompetent, then
changed his mind a few months later. By the following year, he was back
to his original position. In 2014, a different judge came to a different
conclusion and set a new arraignment date, allowing criminal
proceedings to resume. Those efforts were short-lived, though.
The issue of mental competency was put to rest in 2015, when a third
judge determined, at least for the time being, that Moore was unfit to
participate in her criminal defense.
To keep the murder case alive, prosecutors had relied on the
testimony of a psychiatrist who said Moore was “malingering with the
objective of avoiding criminal prosecution.” The psychiatrist found it
“extremely unlikely,” he said, that Moore has a delusional disorder
because the onset is usually 40 years of age, but she had no recorded
history of psychiatric problems until her arrest.
Public defenders, however, produced mental health and criminal
records from New Mexico showing that Moore had been diagnosed much
earlier in life as a paranoid schizophrenic. She’d also been evaluated
in the late 1980s as a result of criminal proceedings at the time.
Following her arrest in 2010, Moore was mostly confined to a state
psychiatric hospital in Patton, Calif., outside San Bernardino. But in
2016, after being declared unfit for trial once again, Moore was booked
in jail.
For nearly the last five years, she’s lived at the Las Colinas Detention and Re-entry Facility in Santee, the primary point of intake for women prisoners in San Diego County, which is home to a psychiatric security unit.
The facility has a better reputation these days — the Washington Post Magazine called it “a gold standard for gender responsive-corrections”
in 2019 — but it wasn’t always that way. The San Diego County Grand
Jury visited Las Colinas in 2006 and expressed surprise at the appalling
conditions — “the floor of at least one dorm was caving in,”
the group wrote. A new version of the facility opened in 2014 under
design principles intended to reduce “physical and psychological
barriers and promote direct and constructive communication among staff
and inmates,” according to one architectural firm.
Moore is not eligible for release. It’s still possible she could one
day go on trial, but only under a limited set of circumstances.
After the murder case against her stalled, the county became legally
responsible for Moore’s well-being. The court agreed to place her in the
care of the public conservator under what’s known as an LPS conservatorship,
a civil program for Californians who suffer from biological brain
disorders. It’s meant to protect gravely disabled people from civil
rights abuses while at the same time involuntarily committing them to
treatment.
At the request of prosecutors, Moore was later placed into what’s
known as a Murphy conservatorship, which is set aside for people facing
an outstanding felony charge. It’s a different legal standard than, say,
being found not guilty by reason of insanity and has the goal of restoring one’s mental competency.
The conservatorship undergoes regular reviews, which is why Moore
appears in the sheriff’s inmate database for “mental comp” and not
murder. If there is a change in her status, that could trigger a new
round of criminal hearings. The idea, in other words, is to get her well
enough so she can participate in her own defense.
“If the defendant becomes mentally competent after a Murphy
conservatorship has been established, the conservator must certify that
fact to the sheriff and the district attorney, the defendant’s attorney
and the committing court,” wrote DA spokesperson Steve Walker in an
email.
In the meantime, the Sheriff’s Department confirmed that Moore is
waiting for an available bed at a state hospital but couldn’t
immediately say for how long. “I’m sure COVID delayed the hospitals
being able to receive new clients/inmates,” Lt. Amber Baggs, a
department spokesperson, wrote in an email.
A state audit in 2020 took issue with how Californians
with serious mental illnesses are cared for. It noted that people in
conservatorships have limited treatment options because the wait time to
get into a state hospital can take a year on average.
“California does have an extreme shortage of beds,” said Lisa Dailey,
acting executive director of the Treatment Advocacy Center, a nonprofit
based in Virginia, “and a lot of that is because something like 95
percent of beds are taken up with forensic patients, people who are
facing charges or otherwise in the criminal justice system.”
Still, the amount of time Moore has spent in jail as opposed to a
state hospital seems extreme, Dailey said. “I’ve never heard of a case
lasting five years.”
There are a number of outstanding questions in Moore’s case, like
whether her legal representatives have tried to get her into a state
psychiatric hospital and for how long they’ve been pushing. It’s hard to
tell from the outside, because the records from Moore’s mental health
hearings are not publicly available. One of the San Diego County deputy
public defenders who represented Moore and the Public Conservator’s
Office did not respond to requests for comment.
Moore’s case may be an extreme one, but she’s not necessarily alone.
CalMatters recently found that 44,241 people languishing in a county jail
across the state — three quarters of all inmates — haven’t been
convicted of, or sentenced for, a crime. San Diego County was home to
more than 2,300 such people, including, KPBS reported, 380 who’ve been in jail for more than a year and 20 who’ve been in jail for three years and counting.