DECLARATION OF P.T. IN SUPPORT OF A
TEMPORARY RESTRAINING ORDER
State of New Jersey,
County of Middlesex
I, P. T., declare under penalty of perjury:
1. I am a Plaintiff in the above entitled action, and make this
Declaration, pursuant to Fed.R.Civ.P. 65(b), in support of Plaintiffs'
motion for issuance of a Temporary Restraining Order, without notice to
2. This is an action under Fed.R.Civ.P. 23 [Class Action] seeking
declaratory relief under 42 V.S.C. § 1983 as well as injunctive relief.
3. As a result of a lawful sentence imposed on August 9, 1999, I was
committed to the Adult Diagnostic and Treatment Center (hereinafter A.D. T
.C.) for a program of specialized treatment for my mental condition,
pursuant to N.J.S.A. 2C:47-3(b), arriving at A.D.T.C. on August 12,1999.
4. I am the brother of Jesse Timmendequas, convicted of the rape and
murder of Megan Kanka in 1994 and currently awaiting execution by the
state of New Jersey.
5. On information and belief, the public outrage ensuing from the crimes
committed by my brother, Jesse Timmendequas, a sex offender who had
previously been an inmate at A.D.T.C., precipitated a national movement
for the establishment of new laws governing sex offenders, encompassing
both the prosecution and sentencing of sex offenders as well as community
notification as to the presence of sex offenders in the community.
6. On information and belief, community outrage and horror at the crimes
committed by my brother also engendered a movement in New Jersey for
passage of new laws making it easier for the state to civilly commit sex
offenders at the conclusion of their sentence of imprisonment. The
Sexually Violent Predator Act (hereinafter
"SVPA")., N.J.S.A. 30:4-27 et seq. was passed in 1998 and went into effect
August, 1999, and has resulted in the civil commitment of over 250 sex
offenders since 1999.
7. On or about February 5, 2001 and again on or about May 13, 2002, Ms.
Debra Frankel, social worker and instructor for the Relapse Prevention
Modules I that I attended, stated "it doesn't matter what you do, you'll
be committed anyway because a Timmendequas will never be viewed as being
8. On or about December 5, 2002 in the Third Floor Corridor, Ms.
Middleman, a social worker and instructor in my Personal Victimization
Module., suggested that I seek legal advice as my name would likely be an
issue if I am screened.
9. On or about January 14, 2003 in the Third Floor Corridor, Dr. James
Reynolds, former member of my treatment team, expressed to me regret that
he had sent me to 1 Wing Therapeutic Community (hereinafter "T.C.") and
advised me to get a lawyer.
10. On or about February 11, 2003 and again on or about March 11, 2003, Mr.
Thomas Calabrese, social worker and my previous case manager, also
expressed to me regrets about sending me to 1 Wing T.C. and observed that
I was not being viewed for what I had done, but because of my name. He
also advised me to hire an attorney.\
11. Subsequent to a meeting with my current
treatment team on 1 Wing, Ms. Coursen, a social worker member of my treatment team, advised me to
pursue legal advice in light of the manner in which screening was taking
12. My written six month reviews evidence positive evaluations of my
progress through therapy over the past four years.
13. Notwithstanding treatment reports documenting positive progress, as I
near the end of my sentence, the
tone of the final paragraph of my final termination report, stands in sharp
contrast to the rest of my clinical file, and claims that l am a very
14. Said Termination Report was read to me at a meeting with my 1 Wing
Treatment Team on or about February 21, 2003. However, I was denied
a copy of that treatment report, notwithstanding the fact that the
contents of the reports were read to me.
15. On or about January 9, 2003, after group in the 1 Wing Therapy
Mr. Gellert, Level IV Process Group facilitator, stated to me that he believes that I am a very
dangerous person and that commitment would be the safest thing for all
16. On or about January 13, 2003, Dr. Diane Schaupp, 1 Wing T.C.
coordinator, stated to me that she agrees with Mr. Gellert, but declined to share her reasoning with me other than
to state that my high score on the MnSOST-R was due to the implied
violence in my instant offense.
17. Dr. Schaupp informed me that l had obtained a score of 13 on the
MnSOST-R. indicating that I was at high risk of reoffending.
18. An accurate scoring of the MnSOST-R, relying on the scoring criteria
provided by the test's authors, yields a score of 1, consistent with a low
risk of reoffending.
19. Dr. Schaupp and other staff members who have employed the MnSOST-R
deviated from accepted scoring procedures in an arbitrary and capricious
manner, in order to obtain a higher score than would have been obtained
through an unbiased and objective evaluation of the relevant factors.
20. On or about December 3, 2002, I was summoned before DEFENDANT
Lawrence Siegel, a psychiatrist, for the purpose of a screening evaluation
for temporary commitment under the Sexually Violent Predators act.
21. Dr. Siegel stated to me during this screening interview that if I had
a different name or had changed my name, I probably would not have been
screened, and stated to me that I should seek legal counsel.
22. Defendant Siegel questioned me primarily on my family history. Defendant Siegel stated that criminal history was looked at more than what
is done in therapy when screening for commitment. Defendant Siegel also
stated to me that any crime with which I was charged, even if the charges
were dropped or if I was found not guilty, is viewed as an indication of
potential to commit future crimes. Defendant Siegel stated that the
psychiatrists had been instructed to view inmates being screened as guilty
of all offenses with which they have been charged, even those they are
found not guilty of at trial.
23. On or about February 4, 2003, I was summoned before Defendant Roger
Harris, a psychiatrist, for the purpose of a screening evaluation for
temporary commitment under the Sexually Violent Predators act.
24. Defendant ROGER HARRlS is a licensed psychiatrist and serves as a
member of the my Case
Management Treatment Team on 1 Wing's T.C. at the A.D.T.C., and
participates in the Treatment Program.
25. I requested of Dr. Harris, that the screening evaluation be audio or
videotaped to preserve a record of the interview for any subsequent
commitment hearing, given my concerns about statements made by Dr. Siegel
in the prior evaluation.
26. On or about April 2, 2003, I reviewed the written request submitted by
co-plaintiff Whelan, requesting electronic recordings at any psychiatric
screening evaluations to which he may be subjected, and observed, as
in the accompanying compliant at paragraph 100 that his request had been
denied in writing by Defendant Graffin.
27. Defendant Harris denied this
request stating to me that such tapings were not permitted. Defendant
asked no questions regarding my therapy or what I had learned in therapy.
28. Most questions asked by Defendant Harris were about my crime. When I
responded to questions about my crime, Defendant Harris repeatedly asked
me how "that related to your brother's crime."
29. Defendant Harris stated to me that he viewed
me as a high risk because my crime was committed so close in time to my
30. On or about January 30, 2003, I was summoned before Defendant Vivian
Shnaidman, a psychiatrist, for the purpose of a screening evaluation for
temporary commitment under the Sexually Violent Predators act.
31. Defendant Shnaidman stated to me that I was probably being screened
because of the politics surrounding my name, and further stated that if
she gave me a favorable report, the state would probably order that I be
screened a fourth time by another psychiatrist. Defendant Shnaidman also
advised me to seek legal counsel.
32. Defendant Shnaidman asked me no questions about my therapy, focusing
mostly on my family and post- release plans.
33. At no time during any of the screening evaluations by Defendants
Siegel, Harris, or Shnaidman, was I administered any psychological or
diagnostic tests to evaluate my current mental status and functioning.
34. At no time during the screening evaluations 'by Dr. Harris and
Shnaidman, was I advised that anything I said could be used against me in
a civil commitment proceeding.
35. On April 2, 2003, I filed a complaint with the American Psychiatric
Association alleging the violation of ethical standards of practice for
psychiatrists against Drs. Harris, Shnaidman and Siegel, on the grounds
that, in the case of Dr. Harris, he permitted himself to participate in a
dual relationship in which he owed conflicting duty and obligations of
care to the State of New Jersey and to me, and with regard to Drs.
Shnaidman and Siegel, on the grounds that they failed to adhere to the
standards of honesty and integrity by allowing themselves to be influenced
or pressured by the state because of my last name.
36. Notwithstanding the sudden change in tone regarding my progress in
therapy in my final termination report as compared to prior 6 month
reviews, ample evidence is available that I have fully cooperated in the
program of specialized treatment offered at A.D.T.C. by entering and
participating in various psychotherapy and educational process groups
including those enumerated below.
37. I have satisfactorily completed Psychoeducational Level I, Level II
and Level III Process groups and was specifically recommended to Level IV
1 Wing Therapeutic Community by my treatment team because of progress in
38. I satisfactorily completed the following therapeutic Modules: Relapse
Prevention Modules I and II, ADE/Star Program (Drug and Alcohol Treatment
Modules), the Adult Children of Alcoholics program, the Victim Empathy
Module, and Personal Victimization Module.
39. Starting December 3, 2002, I joined Dr. James Reynolds' Tuesday evening
Aftercare Group, the purpose of which is to transition soon-to-be-released
inmates into the community and into aftercare treatment programs.
40. During my time on the 1 Wing T.C. I served on the following
committees: Mediation Committee and Therapeutic Community Committee, and
facilitated the following support groups: Self-Help, Anger, Personal
Victimization, Victim Empathy, Addictions, and Open Floors.
41. I enrolled in the GED program offered at A.D.T.C. on February 28, 2000
and passed my GED test on April 19, 2001.
42. I enrolled in A.D.T.C.'s educational program "Basic Computing Skills
and Business Applications" on August 20, 2001 and successfully completed
the course on May 17, 2002
43. Subsequent to passing the GED test and upon the recommendation of the
GED instructor, Mr. Thomas Piteo, I was hired as the GED Class's
Paraprofessional Teacher Aide.
44. I have always received positive work reports from supervising civilian
45. I have always received positive housing reports from my housing wing
46. I have received no administrative disciplinary charges during my
entire period of incarceration.
47. As of this date, my current
or date of release from prison, is May 2, 2003.
48. As my offense was committed after 1994, I am subject to Community
Supervision for Life (under N.J.S.A. 2C:43-6.4), by which terms, I will be
bound by a written parole-like plan governing my employment, housing
arrangements, social activities, and freedom of movement around the state,
as well as notification of individuals with whom I come into regular
contact as to my status as a convicted sex offender (the terms of
Community Supervision are ultimately decided upon by the assigned parole
officer and may vary depending on the nature of the offense and the
49. On information and belief, the rate of civil commitment of sex
offenders from A.D.T.C. was 35% in 2001,
the last year for which Plaintiffs were able to obtain data.
50. As reported by Dr. Schaupp in her presentation to the 1 Wing T.C. on
or about March 26, 2003, the civil commitment rate for 1 Wing was 26% over
an unspecified period of time.
51. On information and belief, the recidivism rate of treated sex
offenders released from A.D.T.C. since 1968, whereby recidivism is defined as a return to A.D.T.C. for any reason (new conviction, technical
parole violation, etc.), is approximately 9%.
52. On information and belief, researchers Hanson and Bussiere published a
report in the Journal of Consulting and Clinical Psychology showing an
overall recidivism rate for all types of sex offenders of 13.4% over a 5-6
year period, based on a review of over 61 research studies encompassing
23,000+ offenders in the United States and Canada, as well as abroad.
53. I will suffer immediate and irreparable loss and injury if the
restraining order is not issued pending a hearing on plaintiffs' motion for a preliminary injunction without notice to defendant or to defense
counsel, in that: