Prosecutor wants McLean examined by psychiatrist

May 21, 1994|By Kim Clark | Kim Clark,Sun Staff Writer

Maryland's special prosecutor, pressing to keep a June 8 trial date for Baltimore Comptroller Jacqueline F. McLean, asked the courts yesterday to appoint a psychiatrist to determine whether she can stand trial.

Stephen Montanarelli said that because Mrs. McLean has lived at Sheppard and Enoch Pratt Hospital in Towson for 95 out of the last 111 days, he wants to make sure she can participate in her defense against theft and misconduct charges.

Mrs. McLean has been on an unpaid leave of absence since December, when it was revealed that Mr. Montanarelli was investigating allegations that she had received the salary of a phantom employee called Michele McCloud and had tried to steer a $1 million city lease to a family-owned building.

Mrs. McLean, who was indicted in February, has pleaded innocent to the charges.

In a motion filed in Baltimore City Circuit Court, the prosecutor said Mrs. McLean had been diagnosed by her psychiatrist, Dennis Kutzer, as suicidal and in need of treatment for about another three months.

The filing also said Dr. Kutzer diagnosed Mrs. McLean as having a "narcissistic personality disorder accompanied by severe depression without psychotic features."

But M. Cristina Gutierrez, who is Mrs. McLean's attorney, and Dr. Kutzer said yesterday that Mrs. McLean's primary problem is "severe and chronic depression" that is being worsened by the stress of the prosecution.

Dr. Kutzer said that almost all politicians suffer from narcissistic personality traits and that he was not treating Mrs. McLean for the disorder.

Dr. Kutzer, who started treating the comptroller in late January, said he believed Mrs. McLean's depression had become very severe in the last two years and worsened last summer.

As a result of anti-depressive drugs, Mrs. McLean "has improved to a point," he said.

But Ms. Gutierrez said Mrs. McLean has not sufficiently improved to discuss her legal defense.

Maryland courts do not allow the prosecution of people who are unable to participate in their defense, Ms. Gutierrez said.

Mr. Montanarelli declined to comment on his motion yesterday.

Mrs. McLean was admitted to Sheppard Pratt on Jan. 30, while suffering from "major depression without psychotic features," the prosecutor's court filing said.

She was released Feb. 17 to a day program, but was readmitted Feb. 25 -- the day a Baltimore grand jury returned felony charges against her -- as suicidal, the filing said. She was released again April 8 to a day treatment program.

On the night of April 14, she was rushed to Union Memorial Hospital after she had taken a potentially fatal dose of alcohol and prescription drugs.

She was readmitted to Sheppard Pratt on April 16, according to the court filing.

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