In 1988, James M. pled not guilty by reason of mental disease to attempted murder and reckless endangerment.
After it was determined he suffered a "dangerous mental disorder," James was committed to a psychiatric hospital where he remained pursuant to a series of retention orders, including one issued in May of 2007 by a New York County Supreme Court justice.
On appeal, the Appellate Division, First Department, found the latest order appropriate since James's condition rendered him a "physical danger to himself and others."
Apparently, James threatened staff members and patients with violence, refused to undergo treatment, and had "forced sexual contact" with another patient. (Medical experts were of the opinion that if he were transferred to a nonsecure facility, James would "present a high risk for dangerous behavior.")
See how tough it is for a guy to get retained?
To download a copy of the Appellate Division's decision, please use this link: Matter of Rabinowitz v. James M.