No Way Out

Poetic injustice
On November 6, 2008 Kay Kim was arrested in her house by a policeman who came
one hour of the incident. A hair dresser assistant (Rhonda Heath) to one my
neighbor(Linda Handlon) came to my house and buzzed my buzzer because she
couldn’t get in the locked security door. Kay Kim went out and she forced herself
into the unit. She hurt my wife’s toe nail with the door. Another neighbor(Mae Vera)
was upstairs and videoing the entire incident.
An hour later the Police came and did not arrest the intruder even though she
signed on the Affidavit that she forced herself through the locked door.
INJUSTICE #1
The Police did not arrest the person who forced entry into my complex.
Kay Kim was arrested with the following charges: Bodily fluid on another person
(spitting); resisting police arrest and battery. The first charge was dismissed in the
jail.
Two remaining charges are misdemeanors cases.

When her case goes to the Marion County Criminal Superior Court no judge want to
take her case. The Indiana Supreme Court has to appoint a special judge J. Proffitt
from the Hamilton County Court even though she asked to be excused.
INJUSTICE #2
The Special Judge refused to dismiss three old cases (2004,2005,and 2006) which
expired Statue of Limitations.
The Special Judge did not allow Kay Kim to subpoena the video tape of the actual
incident.
The 911 tape from the Police Dispatch was mysterious missing. The Judge refused
to allow Kay Kim to
Subpoena a copy of the call records.
The Judge felt that Kay Kim cannot represent herself or assist counsel (public
defender.)

Even though Kay Kim has never misbehaved herself in the court room. She has
never been violent or abusive in the court. She has file all the necessary motions in
a timely manner. She can represent herself in the Federal District Courts against
renowned attorneys, Attorney General, and city Attorneys. Only the Special Judge
in the Marion County Criminal Court believe that she is incompetent to stand trial.
She ordered Kay Kim to be evaluated by Dr. Parker.
INJUSTICE #3
Kay Kim was sent to be evaluated by Dr. Parker three times. Each time his report
reflects exactly what the Court asked for. Kay Kim should be sent to a different
psychiatrist for a second opinion. Would anyone go back to the same doctor who
certifies that you are dying? Dr. Parker has a vested interest in ensuring a steady
supply of patients to the mental institutions even though he is employed as the
Head of Department of Psychiatry in Indiana University. The Logonsport State

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Hospital is charging $800 per day of her stay there.

Kay Kim is a law abiding and non violent citizen. She is handicapped and cannot
move comfortably without a walking stick or powered chair. In China there is a
saying: “A leaky bucket always leak.”
We have been staying in the same condominium village for the last 10 years. There
are more than 250 separate families living there. Kay Kim has never been convicted
of a violent crime. She has never been charged for destroying any property. Since
Nov 2006 she has not been arrested.
INJUSTICE #4
Dr. Parker certified with medical certainty that Kay Kim should be committed to a
mental institution if the Court concurs because she is a danger to her community.
Under IC 11-12-3.7 6 “violent offences” include “battery “(IC 35-42-21.5) as Class A
Felony, Class B Felony and Class C Felony). So her misdemeanor charge cannot be
classified as “violent.”
Dr. Parker has no evidence whatsoever. He believed that “Police do not lie.” and he
assumed one is always guilty as charged. Dr. Parker flagrantly violated R704(b)
which states “no expert witness testifying with respect to the mental state or
condition of a defendant in a criminal may state an opinion or inference as to
whether the defendant did or did not have the mental state or condition
constituting an element of the crime charged of a defense thereto. Such ultimate
issues are matters for the trier of fact alone.” Dr. Parker maliciously and
intentionally added the “danger” so that the court can commit Kay Kim. Under
Indiana Law a doctor must commit a person to a mental institution if he thinks that
he is a risk to himself or to the society. He left it to the Court which committed Kay
Kim four months after his evaluation.

Judge Proffitt took Kay Kim rights to represent herself without a competency
hearing. Judge Proffitt takes the testimony of Dr. Parker who is being sued by Kay
Kim in the Federal District Court (Cause 1:09-cv-0829). Judge Proffitt did not allow
Kay Kim to question or cross examine the testimony against which is a violation of
her civil rights. Judge Proffitt gave Dr. Parker the three cases with expired Statue
of Limitation which is a violation of Kay Kim rights to due process.
INJUSTICE #5
Kay Kim was committed to a mental institution on September 25, 2009. This is a
very cruel and unusual punishment for a misdemeanor case. For life without parole
a person must be convicted beyond doubt by a jury of his peers. In this case Kay
Kim can be committed indefinitely – for life just because the report of a single
psychiatrist. No one has come to my neighborhood and determine the sanity of Kay
Kim. Kay Kim was also evaluated by three different state psychiatrists at the time of
each arrest. They all verified that Kay Kim does not have any evidence of psychosis
and is tested negative for any drug abuse. To make the situation worse , Dr. Parker
is ironically the same person who can certify that Kay Kim is fit to stand trial.
 Kay Kim has been in the Marion County Jail from September 25, 2009 till October
14, 2009. The Court wanted to her to post a $1,000 surety bond. When I paid the
bond the jail refused to release her.
She was sent to the Logonsport State Hospital in Logonsport, Indiana. In the State
Hospital she is “tortured” by the staff. They make her sit up 18 hours a day. She
cannot have a walking stick or a wheel chair. They gave her a walker that is of no
help. She is suffering from chronic pain and is not allowed to sit down on the floor or
rest in the bed room. Her blood pressure got as high as 180/120. They forced her to
take medication instead of letting her rest. The medication upset her stomach and
acid reflux gets into her throat and mouth. She has diarrheal since Sunday. They
refused to give her Maalox or Immodium AD. They claimed she is faking and has to
keep her stool to show the nurse. She doe not have a knee and the nurse keep on
forcing her to bend her leg. Finally she went to x-ray her leg. INJUSTICE #6
Under IC 12-26-6-8 a person committed to an institution must be evaluated in a
community mental health nearest his home. I wonder why she 19 days in jail and is
sent to Logonsport State Hospital directly. The State Hospital do not provide
adequate care for her physical disability. They are so used to dealing with mental
patients who cannot complain and can be treated anyway they like. I offered to
bring my own wheel chair for her but has not got a reply yet. The Psychiatric also
told Kay Kim that “battery is a very serious crime. “

Since Kay Kim has no way out I petitioned for a writ of habeas corpus in the Federal
Court (1:09-cv-1221)
The court allowed the State of Indiana to show cause within 20 days from date of
order (9/30/2009). I have been waiting patiently for the State’s reply. At 4.30 pm on
October 20, 2009 the State filed electronically for an extension of time till
November 19,2009 citing that they no time to get the court documents.
INJUSTICE #7
In this electronic era it is surprising that the Attorney General’s office could not get
the documents within the allowed time. The Attorney General’s office is less than
a mile from the Court and a simple phone call could have the files delivered. Why
did the State waited until the eleventh hour to file? If the US District Court granted
the motion for the enlargement of time Kay Kim would have been committed for 65
days. Her next court date is on December 15, 2009. Won’s it negate the purpose of
my writ of habeas corpus?

Kay Kim is under much stress in the State Hospital. Her blood pressure has never
been so high before. The Hospital has not taken care of her physical needs
adequately. She is in constant pain and they claimed she is faking. She actually
prefer to be in the jail where there is less comfort and more restriction. At least they
take care of her physically.
INJUSTICE #8
It cost the state $800 a day for Kay Kim to be in the State Hospital. That adds up to
$300,000 a year. Do you think there is any incentive for the State Hospital to
release a patient. There are about 25 people in each ward so the State Hospital
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operating budget is a cool 100 million a year. Kay Kim wanted to be put in jail
which costs only about $15,000 a year. You do the maths but I can’t understand
why they will not release a sane person back to the prison.

Kay Kim is faced with so much injustice. There seem to be no way out. The odds are
insurmountable. If she cannot get justice in our Court Systems, I am sure God in his
almighty power will give her justice she so deserved.

God bless you and God Bless America.