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At Brendan Depa Sentencing, Prisons’ Mental Health Chief Draws Bizarrely Rosy Picture of Services Awaiting Him

May 3, 2024 | FlaglerLive | 17 Comments

brendan depa
Brendan Depa watching Suzonne Kline, the chief of mental health at the Florida Department of Corrections, describe what services are available to inmates with mental health difficulties in Florida prisons. Kline was speaking during Depa’s sentencing hearing on Wednesday. The hearing has yet to be completed. (© FlaglerLive)

To hear Suzonne Kline, chief of mental health at the Florida Department of Corrections, mental health services in Florida prisons are so extensive, so thorough, so attentive, you’d want to get imprisoned just to get a piece of them. Certainly, no such comprehensive services exist in society at large, at least not as Kline described them, at least not for those without the means to pay for them. In Florida prisons, they’re at inmates’ disposal, free.

Undiscovered Kafka manuscripts aside, incarceration never sounded so good for the mentally ill, who make up 23 percent of the 86,000 men and women in Florida prisons.




Kline was testifying by zoom Wednesday during the first day of the sentencing hearing of Brendan Depa, the now-18-year-old former Matanzas High School student who pleaded to a first degree felony count of the aggravated beating of his teacher aide on Feb. 21, 2023. The open plea means the sentence is entirely in Circuit Judge Terence Perkins’s hands. Depa was charged as an adult. Perkins can sentence him as a youthful offender or as an adult. The adult charge carries a maximum penalty of 30 years in prison. The sentencing guidelines go nowhere near that.

The case has drawn national attention, mostly on the strength of a prurient surveillance video depicting Depa pummeling Joann Naydich, the aide, for several seconds before school staff, some of them with astonishing lack of urgency, pried him off. Depa himself would later tell a psychologist he was amazed it took so long. “It was almost like there’s an expectation that somebody would pull him off more quickly than what occurred,” said Greg Pritchard, the psychologist testifying for the prosecution, though Pritchard subjectively interpreted the observation as suggesting that Depa was blaming others for not prying him off.

In her testimony on Wednesday, Naydich, who is seeking punishment for Depa, asked that Perkins in his sentence “adhere to those guidelines and not give in to pressure of any sort, that could be external pressures.” She doesn’t know the judge. He is not susceptible to pressures, external or internal. His sentencing method is rigorously methodical and deliberate to the point of making objectivity appear to be cold calculus. But he’s not without emotions, guarded though they always are, and the human element in sentencing hearings has always played a role in his decisions. The lawyers know it.




Assistant State Attorney Melissa Clark will be arguing for prison time. Defense attorney Kurt Teifke will be arguing for some form of probationary diversion or house arrest without additional prison time: by the time he is sentenced, Depa will have been in lock-up in Jacksonville or in Flagler for 15 months. The two sides have lined up a series of witnesses, including expert witnesses–legal mercenaries, really–paid to make a case for the defendant one way or the other, unless they’re public employees, like Kline, in which case the testimony, like the mental health services she touted, is free.

It was in that context that Kline appeared from her Tallahassee office, as photogenic as she was credentialed (she’d been a a postdoctoral intern and a postdoctoral resident at Florida State Hospital, where inmates incompetent to stand trial are held, among others), and occasionally proud: she managed to name-drop that she’d recently testified before the Florida Senate. She was the prosecution’s first witness of the day.

She left the impression that the prison system on its own is a maverick in health care. That’s not exactly the case. Six years ago the Department of Corrections was sued in federal court by Disability Rights Florida for failing to comply with a 2017 settlement that was to address systemic failures regarding the treatment of people with disabilities. The suit outlined severe deficiencies. The two sides reached another settlement in 2021 outlining the department’s responsibilities. The two sides filed a compliance report just last month.




Depa is not physically disabled. He is autistic and suffers from a series of behavioral challenges, including self-control and a violent temper. He is medicated for various disorders. His behavioral and mental health are at or near the center of the sentencing hearing. So Clark’s strategy was two-fold: to attempt to demolish the perception that Depa would not receive necessary mental health services in state prison, and that done, to argue for prison time.

With Kline, who clearly knew the score–witnesses are generally prepped before they testify–Clark’s intention was to show that Depa’s mental health issues would be more than adequately addressed in prison. Kline described the processing of inmates with mental health issues almost as if they were entering any other mental health facility, down to the system’s euphemistic naming of landing lock-ups as “reception centers.” Prisoners entering the system always go to one of five such “reception” centers where they are evaluated and classified before they are dispersed into any of the system’s prisons for their permanent assignment.

At the reception center, Kline said, the inmates are graded on their impairment: the higher the grade, the more profound the impairment. “Just to be clear, all of our inmates have access to mental health services 24/7, regardless of their S-grade,” she said, referring to the more technical way the inmates are graded on their mental health needs. She referred to inmates with deeper mental health needs as “patients” who’d be cared for in “in-patient” facilities.

Treatment plans–Individual Service Plans–are created for each inmate that requires it. The ISP sounded oddly close to the IEP, the Individual Education Plan required for every special education student in public schools: the alleged misapplication of Depa’s IEP by school staff is playing a role in his sentencing.




Almost a quarter of the inmate population in Florida’s prison system suffers “a major mental illness,” Kline said, before continuing to describe the care protocols in terms no different than those used in civilian life. “Based on those S grades, they could be assigned to one of five different levels of care,” she said. The majority of inmates are in an “out-patient” setting, to the extent that inmates can ever be “out” while in prison. There are specially designated housing units for those who don’t mix well with others.

“For people that we know might be vulnerable in the general population,” Kline said, “we want to keep them separated but at the same time, the goal is always to get them at their highest level of functioning and to get them back in the general population. And some people are not able to do that, they end up spending most of their time in the residential continuum of care.”

The same system applies to inmates with autism and the series of disorders Depa suffers from. She said Depa’s disorders have all been dealt with and treated in other inmates, citing 3,969 inmates currently designated with the qualifier that means they have either an intellectual or a developmental disability, and are under routine care that needs monitoring. If inmates–or “patients”–are on psychotropic medicines, they are seen at a minimum once every 30 days.

“The minimum I think, on somebody who’s high functioning and that has a history of mental illness, but may or may not need meds, would be once every 60 days,” Kline said. “And that’s like the minimum. Again, that’s like kind of the starting point, and then everything increases from there.” Neither prosecution nor defense attorneys asked Klein to verify any of her claims with documented data.




Clark asked her directly: does the prison system provide mental health for autistic individuals? “The simple answer is yes, absolutely,” she said. “We don’t just treat the mental disorders, we treat intellectual disabilities, we manage neurodevelopmental disorders, and there might be differences between them, but basically, we’re trying to treat the symptoms, whatever they might be.” When Clark listed Depa’s disorders–Oppositional Defiant Disorder, ADHD, intermittent explosive disorder, disruptive mood dysregulation disorder, plus anxiety and depression–Kline’s answer was not different. At that point she did provide a statistic: 3,969 inmates have been designated as fitting those categories and needing “routine care or monitoring.”

There is more, like group therapy, and the higher the impairment, the more therapy: “So they will be required per week to come out for 10 to 12 hours of structured therapeutic activities, whether it’s a clinical group, whether it’s individual counseling, whether it’s medication management, you know, any of those things,” Kline said, “and that’s in addition to coming out for recreation therapy as well.”

If Teifke, the defense attorney, was attempting to find vulnerabilities in the reception process, he could not find specific points of entry. He made light of the prison system’s mission statement. But that was not exactly revealing, nor was questioning the rigors of the reception staff: “Do you really have personnel that are going to go over thousands of pages of documents to just assign a facility?” Teifke asked her.

“Our contracted providers are responsible absolutely for securing records on individuals and reviewing them, and that is part of their responsibility,” Kline said.




Though she appeared ready to produce numbers, Kline at no point was challenged to document generalities with specifics, asked to document cases of mental health hospitalizations the prison system could not handle, explain how arrangements may differ for youthful offenders, asked about the rates of suicide or self-harm among the incarcerated mentally ill, or the recidivism rate among those in Depa’s age and mental health category. Teifke limited himself to generalities of his own, or to ask Kline to reiterate what she’d already told Clark, or to the “quality control” mechanics of the intake process at “reception centers.”

Teifke in his questions was clearly concerned, should Depa be sent to prison, with his ability to make it to his release date in proper health. “It seems to me like the focus is not on any sort of post incarceration success,” Teifke said. Kline disagreed: “We start programming and fixating and trying to maximize their chances of a successful transition. So we work with DCF and trying to get them post, follow up care, and that type of thing.” (DCF is the Department of Children and Families.)

But in the end Teifke’s knowledge of the prison system’s mental health infrastructure seemed limited to surface or peripheral issues. It was an indication of his cross-examination’s failure to make a significant impact that Clark didn’t feel the need to re-direct Kline in further questioning of her own. In that sense, and the overarching absurdity of making the prison system’s mental health care infrastructure sound like a graft from the Mayo Clinic, Kline’s testimony was a complete tactical success for the prosecution.

Click On:


  • Brendan Depa's Sentencing Set to Conclude 3 Months After It Started: 'I'm Going to Accept Whatever Happens'
  • Mother of Tristin Murphy, Who Killed Himself with Chainsaw in Prison, Pleads with Judge on Brendan Depa’s Behalf
  • Brendan Depa's Sentencing Will Not Resume Until Aug. 6, Giving Defense Time to Recover from Bad Day
  • At Brendan Depa Sentencing, Prisons’ Mental Health Chief Draws Bizarrely Rosy Picture of Services Awaiting Him
  • Joan Naydich, Brendan Depa’s Victim of Beating, Details How ‘Everything Was Taken Away’ from Her
  • Chief Engert: How Flagler County Jail Stepped Up to Ensure Brendan Depa’s Continuing Education
  • Lawsuit Blames Flagler Schools’ Failure to Address Brendan Depa’s Known Needs and Risks Before Attack on Aide
  • The Dis-Education of Brendan Depa
  • The Brendan Depa I Have Come To Know
  • Brendan Depa’s Mother Tells Her Son’s Story
  • Brendan Depa's Sentencing is Postponed as Lawyers Cite More Preparation Needed
  • Brendan Depa Tenders Open Plea in Beating of Matanzas High Staffer, Leaving Sentence Up to Judge
  • Brendan Depa Will Plead Out in Teacher-Assault Case, Leaving His Fate to a Judge
  • Brendan Depa, Now 18, Is Transferred to the Flagler County Jail to Await Trial
  • Shocking Disparities in Flagler’s Handling of 3 Different Assaults by Disabled Students Against School Staff
  • Despite Severe Autism, Judge Finds Depa, Ex-Matanzas High Student, Competent to Be Tried for Assault on Aide
  • Court Roundup: Plea Possible in Ex-Matanzas Student Case; Murder Trials Pushed Back
  • Matanzas Aide Attacked by 17 Year Old Had Reported His Threats As Far Back as August
  • Judge Orders Mental Evaluation for Matanzas Student Who Assaulted Aide
  • Matanzas Assault Case: A Miscarriage of Justice Hardens Before Our Eyes
  • Matanzas Student Who Attacked Aide Was Arrested 3 Times for Battery Before; Other Cases Examined
  • Matanzas Student Charged as Adult with 1st-Degree Felony in Assault on Teacher Aide
  • Matanzas High School Special Education Student Arrested in Attack of Teacher Aide
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Reader Interactions

Comments

  1. Pogo says

    May 3, 2024 at 4:19 pm

    @The stench of mendacity
    https://www.google.com/search?q=open+position+fl+doc
    (Try “No degree” for a closer look)

    As stated
    https://www.google.com/search?q=protective+custody+fl+doc

    As stated
    https://www.google.com/search?q=inmate+death+fl+doc

    @FlaglerLive

    Paraphrasing JoJo Rabbit’s mother, you’ve done what you could, so more, and better than almost anyone.

  2. Joe D says

    May 3, 2024 at 4:29 pm

    Well…Dr. Kline said all the RIGHT things…straight out of the TEXTBOOK.

    The problem is policy VS funding/and frontline staff TRAINING. As a Child and family Nurse Therapist, and former Nursing Division Chief for a State run Adolescent Psychiatric Program, and program for Adolescent Sex offenders, it’s difficult (even with the BEST of intentions) to follow the written TREATMENT PLAN (ITP it’s called).

    Specialized treatment staff are stretched thin, and the increasing numbers of inmate “patients” and continued cuts in State and Federal funding, can result in GAPS in treatment.

    Unless this patient is treated TOTALLY on a self contained mental health locked unit, it’s unlikely with frontline staff shortages and high staff turnovers (due to significantly LOW salaries), that the ITP guidelines and services will in REALITY be followed (if you thought there were gaps in the school’s IEP…Individual Education Plan…follow through…the penal system is even less likely to be able to MEET all the prescribed guidelines).

    I wish the Judge well in trying to mediate the needs of the defendant with the needs to protect the community from future behavioral outbursts. It’s not going to be EASY!

  3. Duncan says

    May 3, 2024 at 5:00 pm

    Brendan Depa faces a terrible situation. Sure, he was the perpetrator but certainly had help from the High School. He should have never been paired with an untrained and inexperienced aid who had not been properly briefed.

    Apparently, our state prison system has the manpower of funds to secure outside contractors to review ” thousands of pages of documents to just assign a facility”; when our school systems either don’t have the resources or competence to prevent this mentally ill young man from being incarcerated and an aid from being hurt.

    I’m hoping the Judge sentences him as a juvenile and he gets the proper help. Putting him behind bars seems very harsh considering his behavior was certainly the result of an uninformed aid triggering the behavior throughout the day.

  4. Tim says

    May 3, 2024 at 6:06 pm

    Depa’s violent behavior and intent is manifested in his comments during the crime. Our society is over the top in making excuses for their actions. One needs to understand the penalty for their actions. Depa and other would be’s need to understand the repercussions of their actions.

  5. Jack says

    May 3, 2024 at 8:46 pm

    “his behavior was certainly the result of an uninformed aid triggering the behavior throughout the day.” This is the most uninformed and incorrect comment I have read yet. Foolish comments create more crazy comments.

  6. dave says

    May 4, 2024 at 8:19 am

    These days in court, it rarely about the victim and how they suffered.

  7. Again says

    May 4, 2024 at 9:23 am

    No dog in this fight once again, however it is interesting to see the comments that suggest he should go to prison despite his mental illness, on this thread and the last. I wonder if they feel the same about the elderly man that shot and killed his step son in the woodlands not that long ago? According to some, mental illness shouldnt excuse you from facing the consequences, just unsure why there isnt any outrage there? Interesting world we live in i’ll say that lol.

  8. The Voice Of Reason says

    May 4, 2024 at 10:29 am

    Brendon should never be free in public . Either prison or housing that confine him indefinitely. Periodically revaluate him, (parole) but confinement is his future..Give him help to get better. I have nil faith that desantis and Fla will help the kid/adult.

  9. Pogo says

    May 4, 2024 at 11:17 am

    @As stated

  10. Laurel says

    May 5, 2024 at 2:19 pm

    It seems that sociopaths are very active when it comes to money, whether in business or government. Maybe they should check into Kline’s favored institutions.

    Besides that, I keep witnessing how the gullible, and/or uneducated, are so easily lead. Trump: “I love the uneducated!”

  11. Ban the GOP says

    May 7, 2024 at 1:31 pm

    you mean sabotaging all social programs like the gop have been doing for decades isnt a good idea? desatan defunding schools even more should help..not..This kid has been failed by everyone at every level this probably wont be any different. Make him a felon so he cant get a job……
    Haha prison services….everyone one of those are a total joke and more for profit of the government contractors than providing a service. Profits over people.

  12. MeToo! says

    May 7, 2024 at 4:18 pm

    You have obviously not read the prior articles about this exact thing.

    Stay with us…..

  13. Sea surface temps says

    May 7, 2024 at 6:31 pm

    Glad your not in charge. You don’t think juveniles can change? Or only if they sit around like a zoo animal for several years? Your right the gop will only protect a fetus not help actual children.

  14. William Stonehocker says

    May 20, 2024 at 8:09 pm

    I think Brendan deserves probation, regardless if he’s white or black. No wonder Florida is racist. Also, prison and autism don’t mix very well.

    John Wilford got probation for 18 months and his case didn’t hit the media.

    Reba Johnson was found unfit to stand trial, and her case wasn’t enough to get the media involved.

  15. Joe D says

    May 22, 2024 at 8:40 am

    For Duncan:

    If you think the School System is understaffed and underfunded NOW, just wait until the almost $8000/ student (thank you Governor Ron) gets pulled out of the public school system to be given to 1) Private Schools 2) EVERY student…including the children of millionaires and billionaires can get the State money 3) “home schooling” parents can get the money too.

    All this “education” money for supposedly “better” is not really TRACKED after it’s given out. There are no standards REQUIRED for home schooling (in MANY states, if your child doesn’t pass school given standardized testing each year, your child can’t remain in a home schooling program). Florida has NONE of that QUALITY of EDUCATION guidelines in place. Parents at this point could just SAY they are home schooling their children ( sit their children in from of the TV ) and produce no proof of actual program participation often standardized grade level student progress….what could POSSIBLY go WRONG! But, “Hey”…who doesn’t like a “free” $8000… few if ANY strings attached.

    1
  16. JOE D says

    May 22, 2024 at 8:45 am

    For Me Too:

    The FAMILY alleges the teaching assistant was untrained and unfamiliar with the student’s IEP learning guidelines. The SCHOOL isn’t admitting that as FACT.

    Maybe YOU need to STAY WITH US…?

  17. Joe D says

    May 22, 2024 at 8:59 am

    For: AGAIN…

    As a Masters Prepared Family and Child Therapist and Certified Nurse Case Manager (now retired) who has testified in court numerous times:

    The LEGAL DIFFERENCE in the two cases is that in the STUDENT’S case he has been determined (despite being Autistic) he is MENTALLY COMPETENT to stand trial (understands the difference between right and wrong). In the case of the elderly man accused of murder, mental health experts have determined that the man is NOT MENTALLY COMPETENT to stand trial (cannot tell the difference between right and wrong)…and his condition is not TREATABLE in any mental institution (won’t EVER improve). The judge’s dilemma is WHERE do you put a mentally incompetent man, who still poses a THREAT to others, but won’t benefit from jail OR mental health treatment?

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