Public defender proposes increase to ‘expert witness’ budget due to more mental evaluations

The Douglas County attorney and public defender highlight the growing role of mental health in court cases, with rising costs for evaluations and expert witnesses that are all funded by taxpayers.

Read the full article on KETV 7

Mental health’s costs on Douglas County justice system

The Douglas County attorney and public defender highlight the growing role of mental health in court cases, with rising costs for evaluations and expert witnesses that are all funded by taxpayers.

OMAHA, Neb. —

Mental health has a growing presence in court cases in Douglas County.

One of the latest cases involves a former neurosurgeon who was arrested for sexual assault of a child.

Travis Tierney was initially found competent to stand trial, but recent court filings show his defense team’s intent to rely on Tierney being “not responsible by reason of insanity.”

“The insanity defense is usually going to be used in serious cases,” Douglas County Public Defender Tom Riley said.

“Or competency that’s been an issue that’s come up quite frequently costing, I’m sure, hundreds of thousands of dollars,” Douglas County Attorney Don Kleine said.

Another case involved Ladell Thornton, who was found not responsible by reason of insanity after killing a former Creighton University baseball staffer.

Despite early questions about his mental health, it took years of hearings to reach that conclusion.

“Do we just let them go? No. They go to the Lincoln Regional Center. The judge commits them until such time as they’re not mentally ill anymore and they’re not dangerous,” Kleine said.

These proceedings require significant time and money.

Kleine said his office allocates about $174,000 annually for expert witnesses, funded by taxpayers.

“When we talk about expert witnesses, we’re talking about forensics, DNA, psychiatrists and psychologists,” he said.

Public Defender Tom Riley is seeking to increase his office’s budget for expert witness fees from $205,000 to $250,000, which would also be funded by county residents.

“Where’s the bulk of that money going to pay for, though,” KETV Investigates’ Waverle Monroe questioned.

“Mostly mental health,” Riley said.

The expert witnesses, including psychiatrists and doctors, evaluate individuals charged with crimes.

While Riley’s office has access to physicians at the Lincoln Regional Center, he said he often relies on outside resources.

“The Lincoln Regional Center doctors do not honor the physician-patient privilege,” Riley said.

Riley emphasized the importance of ensuring equal access to justice, regardless of financial status.

“I’m telling you right now, I do not want to be in a system where a rich person can hire expert witnesses to fight a case and a person who doesn’t have money can’t,” he said.

Riley added that most of his clients have mental health concerns.

Douglas County reports that about 50% of its average daily jail population, which hovers around 1,100 inmates, has a diagnosed mental illness.

“About 30% of that group have what would be called a serious mental illness,” Riley said.

As for Tierney, he remains in the Douglas County Jail as his case proceeds.

“I’ve never had a neurosurgeon for a client in the public defender’s office,” Riley said. “It’s a hard hill anyway.”

One project not funded by taxpayers is an 81-bed mental health addition to Douglas County Corrections, which is expected to open by the end of the year.

Make sure you can always see the latest news, weather, sports and more from KETV NewsWatch 7 on Google search.