Jury to weigh manslaughter charge in patient’s death at troubled DC psychiatric hospital

Trial over restrained patient’s DC hospital death

WASHINGTON — A jury was expected to begin deliberations Thursday in the case of a former nursing assistant charged with manslaughter in the death of an unruly patient who turned blue and began foaming at the mouth while being forcibly restrained at St. Elizabeths Hospital, Washington’s long-troubled psychiatric facility.

Authorities say Calvin Green grabbed 39-year-old Mark Harris around the neck and lay on top of him for an extended period — despite knowing such methods were dangerous. Harris, who was mentally ill and intellectually disabled, died Jan. 9, 2007.

The defense said Green used reasonable force to control Harris, a large man known for violent outbursts. Other staff members who were present didn’t intervene.

St. Elizabeths, which opened in 1855 and whose patients have included poet Ezra Pound and would-be presidential assassin John W. Hinckley Jr., has been under scrutiny for years. In 2007, it agreed to major changes in patient safety, nursing care and other areas under a settlement with the U.S. Justice Department. In December, the department said the hospital had failed to comply with many of the requirements.

Assistant U.S. Attorney Vinet Bryant told jurors in closing arguments Wednesday that common sense would have dictated not grabbing a person by the neck and lying on top of him. She said Green, a 30-year employee of the hospital, certainly should have known better since he was trained in proper restraint methods.

Bryant said Harris was banging his head and throwing papers — but not threatening anyone — when Green grabbed him.

Green got up after two staff members arrived. By then, Harris was purple, had foam around his mouth and had urinated on himself, Bryant said.

Public defender Janet Mitchell said Green tried to calm Harris after he saw him throwing furniture and violently banging his head. Suddenly, Harris, who weighed more than 200 pounds, came at Green. Because Green knew Harris could be dangerous, he reacted to protect himself, she said.

While deaths aren’t unusual at St. Elizabeths, the charges against Green are.

Attorney Mary Nell Clark with University Legal Services, which advocates for St. Elizabeths patients, said 12 deaths occurred at the hospital in 2007. Most involved a lack of prompt medical treatment and only Harris’ was a result of restraint, Clark said. However, Clark said widespread use of restraint continues to be a problem.

After Harris’ death, the hospital banned prone restraint, according to an October 2007 hospital report. A spokeswoman for the city did not respond to a request for comment on the case.

Harris’ mother, Glenna Ophelia Lewis, said blame goes beyond Green. She is suing the District of Columbia over her son’s death.