"Several adult education teachers testified as to their unease when
Thulin discussed the CIA and his belief that the agency killed his
father, and when he made comments after the September 11, 2001,
terrorist attacks, in which he [3] stated he knew that it would
occur and could have stopped it"
In re: Bengt Thulin.
C0-02-864
COURT OF APPEALS OF MINNESOTA
2002 Minn. App. LEXIS 1225
October 22, 2002, Filed
NOTICE: [1] THIS OPINION WILL BE UNPUBLISHED AND MAY NOT BE CITED
EXCEPT AS PROVIDED BY MINN. STAT. 480A.08, SUBD. 3 (2000).
SUBSEQUENT HISTORY: Subsequent appeal at In re Thulin, 2003 Minn. App.
LEXIS 488 (Minn. Ct. App., Apr. 29, 2003)
PRIOR HISTORY: Itasca County District Court. File No. P902574.
DISPOSITION: Affirmed; motion denied.
COUNSEL: Timothy L. Aldrich, Grand Rapids, MN (for appellant Thulin).
John J. Muhar, Itasca County Attorney, W. James Mason, Assistant
County Attorney, Grand Rapids, MN (for respondent Itasca County).
JUDGES: Considered and decided by Randall, Presiding Judge, Lansing,
Judge, and Harten, Judge.
OPINIONBY: RANDALL
OPINION:
UNPUBLISHED OPINION
RANDALL, Judge
Appellant challenges his civil commitment as mentally ill, contending
that the district court did not have clear and convincing evidence
from which to conclude that he was mentally ill, that the Brainerd
Regional Treatment Center was the least restrictive alternative for
treatment, or that he lacked the capacity to decide whether to take
neuroleptic medication. He also argues that treatment with the
medication violates his religious beliefs. We affirm.
FACTS
Bengt Thulin was charged with two counts of terroristic threats based
on communications with his county financial worker and his
rehabilitation counselor. The district [*2] court found him
incompetent to stand trial pursuant to Minn. R. Crim. P. 20.01 and
ordered a petition for commitment as mentally ill be filed.
At the commitment hearing, Thulin's financial worker testified that
over the last three to six months, he had become frightened of Thulin,
primarily based on handwritten comments on the back of Thulin's
monthly report forms. Most recently, on a report dated October 3,
2001, Thulin stated:
If you live long enough I will sue you for your stealing from me and
lying about me. You cannot hide from me or my friends. We will see to
it that you pay for your crimes.
Similarly, the rehabilitation counselor testified that he had received
an e-mail from Thulin that caused him concern. The e-mail stated that
the counselor would be given 24 hours to do the "right thing" for
Thulin and that "failure to comply will mean that you will eventually
be arrested, tried and convicted for HIGH TREASON, to which the
punishment is death." Several adult education teachers testified as to
their unease when Thulin discussed the CIA and his belief that the
agency killed his father, and when he made comments after the
September 11, 2001, terrorist attacks, in which he [*3] stated he
knew that it would occur and could have stopped it; that he knew how
to make atom bombs; and that he could bring the government to its
knees.
Thulin denied that he was mentally ill. He explained that when a
conflict was not resolved in his favor, he did not threaten to harm
the person with whom he disagreed, but he threatened to sue that
person. Thulin acknowledged having a standoff with the police and his
children in Jackson, Michigan, but denied having a gun.

The court-appointed examiner, Dr. Jacqueline McPherson, a
psychologist, and Dr. Randall Lakosky, a board-certified psychiatrist,
attempted to examine Thulin, but he refused to meet with them. Thulin
explained that based on his religious beliefs, he does not believe in
psychology or psychiatry. Both were able to form opinions as to
Thulin's condition and diagnosed him as suffering from schizophrenia,
paranoid type.

Thulin has a history of hostile, aggressive, and assaultive behaviors
related to his delusional beliefs, including threats to his family and
a hostage situation.

While Thulin has not made suicidal threats, he
has threatened aggressively against others, leading to individual
threats to himself.

Dr. McPherson [*4] recommended treatment at the
Brained Regional Treatment Center on an inpatient basis. She rejected
less restrictive alternatives because of Thulin's denial of
psychiatric problems and his failure to follow through with
psychiatric care in the past, despite recommendations for such
treatment from health care providers and family members. She believed
that his continued delusional belief system, poor judgment, and lack
of insight raised further concerns about his ability to obtain
outpatient treatment.
Dr. Lakosky recommended Thulin receive treatment with Haldol, which
can be given intramuscularly if necessary, or Risperdal, which can be
taken orally. The side effects of Haldol, which may include tremors
and restlessness,

can be treated with medication and are considered
more of a nuisance than a risk. At low doses, Risperdal does not
produce such side effects. Dr. Lakosky explained that the potential
benefits heavily favor treatment to allow Thulin to overcome his
mental illness. Dr. Lakosky indicated that the medication should
decrease Thulin's delusions and preoccupations, and should give him
energy for everyday living. Also, Dr. Lakosky indicated the
medications should help lessen [*5] Thulin's preoccupation with the
CIA, and less his threatening behavior toward his children and others.
Dr. Lakosky did not find Thulin competent to evaluate the risks and
benefits of medication. Dr. Lakosky expected Thulin to respond fairly
quickly to the medication and predicted that he would' then be able to
receive outpatient treatment. While he was aware of Thulin's religious
and philosophical opposition to psychiatry and medication, he
testified that no less restrictive alternative than psychiatric
treatment was available.
The district court committed Th