Bernie Kerik's Jail Behavior Worries Jail Officials, Judge
WHITE PLAINS, N.Y. — Former New York Police Commissioner Bernard Kerik is displaying worrisome, risky behavior in jail, a federal judge said Friday after speaking with the jail's psychiatric director.
The former Homeland Security nominee's specific actions and symptoms were not revealed, and lawyers and jail officials wouldn't comment on specifics, including whether Kerik was on a suicide watch.
Judge Stephen Robinson said at a pretrial session Friday in U.S. District Court that he received a memo from Dr. Robert Mahler, medical psychiatric director of the Westchester County jail in Valhalla, then spoke with the doctor by phone. The doctor reportedly said Kerik, 54, was "at risk."
He said Mahler felt there was more behind Kerik's problem than just the normal stress of incarceration. Kerik has been jailed since Oct. 20 to await trial on corruption charges.
"There were things, unexplained, described to me that were either said or done ... that raised the level of concern," the judge said. "I left the conversation with Dr. Mahler feeling this was an issue that cannot be ignored."
Defense lawyer Barry Berke said in court that because of stress, Kerik agreed to a staffer's suggestion that he be housed in a certain unit of the jail. He did not say whether it was a psychiatric unit.
County spokeswoman Victoria Hochman wouldn't say whether Kerik was in a psychiatric unit or was on a suicide watch. She said reporters would not be permitted to talk to Mahler.
Berke said Kerik was not receiving medication in jail but was "regularly speaking" with a staffer. He would not comment outside court.
Kerik, who was police commissioner when New York was attacked on 9/11, won glowing reviews for his leadership. He eventually was nominated for the Homeland Security post but withdrew as corruption allegations mounted.
When Kerik was first sent behind bars – for sharing secret pretrial information with a supporter – jail spokesman Justin Pruyne said he was segregated from the general prison population because of his background in law enforcement.
Robinson raised the possibility of Kerik waiving his right to doctor-patient confidentiality or undergoing a court-ordered examination before trial. He asked both sides to get him more information by Monday.
The judge acknowledged that it was possible Kerik's condition is not serious and that his concerns are overblown, but added, "This issue has to be addressed."
The judge also expressed doubt that Kerik's trial could still begin Nov. 9 as scheduled. Kerik has pleaded not guilty to accepting co-op renovations in exchange for recommending a company that sought city business.
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JIM FITZGERALD | 10/30/09 08:23 PM |