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Palace coup? Filner could be locked out

A psychologist would have to refer to a neurologist who could order the brain scans. I assume, however, that this was ruled out, along with other medical conditions, although we do not know. If there was a brain lesion, then Filner might not want to admit that at this point for legal reasons. When patients are in a lawsuit, or politics are involved, the clinical picture is clouded. In litigation, iA UCSD Medical Center study 25-years ago, claimed that your back will never heal if you have a lawyer, at least in workers compensation. Filner was convicted of the TSA assault as an infraction; that was not sexual, but still could have evidenced impulse control issues. That could be due to organic brain issues, or, again, could be bipolar disorder, or characterological. The brain lesion defense would be a mitigating factor if Filner had to face trial, civil or criminal. Bipolar, less so. Personality or character disorder, not so much. As in A Clockwork Orange, aversion therapy might work, although, in the "real final chapter" published only in 2004, the therapy did not work. In the original version of the book and the movie, it did, to make a happier ending and sell the movie to the public. There are justification, excuse and mitigating circumstances. A brain problem does NOT excuse under California law unless the defendant does not know the nature of his act and that his act is wrong. That is called "insanity." You will not find that term in the DSM 5.
— August 16, 2013 2:18 p.m.

Palace coup? Filner could be locked out

I am sure that Filner will undergo a brain scan to rule out frontal and pre-frontal lobe lesions. Parkinson's, Pick's disease, and certain early Alzheimer's dementias are within the differential diagnosis. Then, a complete neuropsychological battery of tests, then rule out OCD and bipolar disorder, etc. I know Filner personally and worked on his campaign as well as being a relatively large campaign contributor. I met his ex-fiancee', too. I am very familiar with the medical/legal issues he is facing. I am also very concerned with Filner on a personal level. I review brain scans with physicians frequently. In fact, just yesterday I reviewed several brain scans at Scripps Clinic with a physician showing an inner ear lesion as it developed over a course of time. That information was correlated with cervical scans and other medical tests. Some things are characterological and personality disorder-based. An MMPI would help there with a good clinical interview and history. Behavior is a complex thing. I have studied it for almost 50 years. My primary profession is not medicine, but I have dealt professionally with many behavioral issues in a medical/legal context during the past 35 years. It will be interesting to see the workup presented as a defense, if it comes to that. Would you blame someone with Tourette's syndrome for cursing? He says he has a problem. Just what that problem is remains a mystery. Therefore, the moral and legal judgment to be applied will vary with the diagnosis. I assume that since "therapy" is being used, that no organic basis has been found. There are medications that can eliminate testosterone-based behavior. Aversion therapy, such as having to look at Gloria Allred is known to work. If Filner has no organic explanation for the alleged behavior, and the testing does not assist in making a diagnosis, then it is likely that there are fewer mitigating circumstances. Filner is atypical. The pattern of the alleged assaults are unusual. Why would he stroke a great, grandmother's hand? Well, one has to understand this type of brain problem to understand that, if it is true.
— August 16, 2013 10:01 a.m.

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