In the Interest of E.S.
E.S., Respondent and Appellant Katrina DeDona, PsyD, Petitioner and Appellee
from the District Court of Stutsman County, Southeast
Judicial District, the Honorable Mark T. Blumer, Judge.
M. Sims, Assistant State's Attorney, Jamestown, ND, for
petitioner and appellee.
Marquart, Fargo, ND, for respondent and appellant; submitted
1] E.S. appeals from an order requiring involuntary treatment
in which the district court found him to be mentally ill and
a person requiring treatment. We affirm.
2] In October 2018, Dr. Katrina DeDona submitted an
application for emergency admission for E.S. to be admitted
to the North Dakota State Hospital after being paroled from
James River Correctional Center for a charge of terrorizing.
The application alleged E.S. was often agitated, preoccupied
with a belief that there was a conspiracy against him, and,
as a result, unable to participate in his own treatment and
discharge planning. A petition for involuntary commitment was
filed, claiming E.S. was mentally ill and there was a
reasonable expectation of serious risk of harm if he was not
treated. E.S. requested and was appointed an independent
examiner, Dr. Naveed Haider.
3] At the treatment hearing, the district court heard
testimony from four witnesses regarding E.S.'s mental
state and corresponding treatment efforts. Three witnesses,
qualified as experts, were called by the petitioner: Dr.
Naveed Haider, Dr. William Pryatel, and Dr. Katrina DeDona.
E.S. testified on his own behalf.
4] Dr. Haider testified that after examining E.S., he
assigned him a psychiatric diagnosis of delusional disorder,
incorporating his findings in a psychiatric evaluation
entered into the record. Dr. Haider testified he believed
E.S. was in need of treatment and was a danger to himself,
others, or property.
5] After examining and observing E.S. several times, Dr.
Pryatel diagnosed E.S. with delusional disorder, persecutory
type. Dr. Pryatel also testified that a less restrictive
setting, like Centre, Inc., would be suitable for E.S.
6] Dr. DeDona testified that early in his admission, E.S. was
agitated, irritable, and verbally aggressive and since taking
his medications, those behaviors have decreased. She
testified that, if released into the community without the
support of a structured setting and medication, she expected
to see an increase in his agitation and verbal aggression and
others would view him as threatening due to his tendency to
focus on delusional beliefs. She was concerned he would
deteriorate and pose a risk to himself or others.
7] E.S. testified it was impossible for the expert witnesses
to prove he has a delusional disorder. He claimed he was not
a danger to himself or others. He argued on the merits of
three underlying cases, expressing a desire to call witnesses
and maintaining his innocence in all three cases.
8] At the conclusion of the treatment hearing, the district
court issued its order on the record, finding clear and
convincing evidence establishing E.S. was mentally ill and a
person requiring treatment. The court ordered E.S. be