Mental Disabilities in Criminal Defense and DOJ Appointment Controversies

Host Robert Simels introduces his background as former prosecutor, longtime defense attorney, and former inmate, then criticizes prosecutorial ethics and discusses legal challenges tied to Trump DOJ U.S. attorney appointments, including the Comey prosecution where U.S. Attorney Lindsey Halligan allegedly secured an indictment without a grand jury vote and related appointments-clause disputes likely headed to appellate courts. Simels then interviews New York-based defense attorney Elizabeth Kelley, who practices nationwide representing clients with serious mental illness, intellectual/developmental disabilities (including autism and fetal alcohol spectrum disorder), and neurocognitive disorders like dementia. Kelley explains the need for specialized forensic mental health evaluations to connect diagnosis to conduct for plea negotiations, sentencing mitigation, and competency issues; describes barriers to experts, court time, and BOP conditions; discusses autism’s impact on interrogation and testimony (citing an amicus brief in Sam Bankman-Fried’s case); and advocates humanizing clients and using preferred, person-first language.

00:47 Host Background And Mission

02:00 Comey Case Grand Jury Misstep

08:10 Appointments Clause Showdown

11:49 Meet Elizabeth Kelly

15:03 How Her Specialty Began

17:50 Building A Mental Health Defense

21:45 Finding And Funding Experts

26:52 Making Disability Matter In Court

31:54 Training Lawyers And Changing Culture

35:16 Time Pressures And Court Buy In

38:51 Do Prosecutors Cooperate

39:01 Prosecutors Start to Listen

42:58 CTE Claims Need Proof

45:19 Prisons as Mental Health Warehouses

48:35 Fixing Treatment Behind Bars

49:35 Danbury Special Skills Critique

53:39 Dementia Defense Playbook

58:00 Second Look and Expert Access

01:02:31 SBF Autism and Trial Strategy

01:07:23 Autism on the Witness Stand

01:13:32 Narrative Medicine for Lawyers

01:16:56 Person First Language Matters

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