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SPECIAL REPORT: Family Seeks Justice After Homicide Defendant Declared Mentally Unfit for Trial
Tuesday, July 2nd 2024, 5:15 PM EDT
Updated:

For the past year, Adam Maisner and his family members have been seeking justice.
"Right now, all we see is her and nobody knows about my uncle," said Maisner. "He was a human being. It's just not right."
Last April, Adam's family reported his 66-year-old uncle Michael Maisner missing, after not hearing from him for weeks.
In the months leading up to his disappearance, Adam says his uncle---a diehard Cleveland Browns fan who loved his cats---allowed 36-year-old Marisa Rodriguez to stay with him to help around the house.
"He was just a laid back guy," said Maisner. "He was waiting to get his hips replaced, and all he was thinking about was golfing and riding his motorcycle after that. That's all he wanted to do."
Police have since charged Rodriguez with killing Michael Maisner.
Rodriguez was arrested in Chautauqua County, New York, after encountering police while operating Michael Maisner's Cadillac.
After searching Maisner's property, police discovered human bones in his fire pit.
Investigators also recovered human flesh in Maisner's floor vent, and picture of his body on Rodriguez's phone.
However, he's never been found.
"There's no remains," said Adam Maisner. "We can't have a funeral for him. That's been the biggest part for me. We have nothing. There's going to be no closure with him."
Rodriguez has been declared mentally incompetent to stand trial.
The ruling, not sitting well with Maisner's family.
"To do what she did, got him and basically burned him, throw him in the trash," said Adam Maisner. "She threw away all of his personal belongings. His clothes. Everything. So there is no evidence of him at the house."
What happens when a person is declared mentally unfit for trial?
My search for answers begins at the Erie County Prison.
In Erie County, nearly 50 percent of the prison's 628 inmates are considered seriously mentally ill. In each case, the prison works with Stairways Behavioral Health to provide inmates with medical treatment.
However, under the law, inmates can not be forced to take medication.
"Mental illness is a big issue at this facility," said Erie County Prison Warden Kevin Sutter. "As far as Erie County, an inmate can refuse their meds and that's really where some of our problems come into effect here."
In cases like Rodriguez, when an inmate is considered mentally incompetent to stand trial, they are sent to one of two state hospitals for competency restoration.
Prisoners from Erie County are sent to Torrance State Hospital, which is located in West Moreland County, about 50 miles east of Pittsburgh.
Torrance has a maximum capacity of 104 forensic beds for mentally incompetent defendants, which includes 75 beds for men and 25 beds for women.
The number of beds can lead to long wait times, especially for women.
"Females it can take up to 6 months," said Sutter. "It can go even longer than that."
As of February, there were a total of 68 inmates on the active wait list for a bed at Torrance State Hospital.
"The problem is, when they come to this facility (Erie County Prison), even with Stairways doing everything they can, we have to wait up to 21 days, sometimes even to get their meds straight." said Sutter.
For mentally ill inmates, every day matters.
"It's problematic when you have people who are incarcerated for months at a time because they are on a waiting list from the state," said Erie County Chief Public Defender Nicole Sloane Kondrlik. "It's a significant issue."
Sloane Kondrlik's office now has a designated attorney to deal specifically with defendants who are deemed mentally incompetent for trial.
"It appears as though it's averaging about 150 cases a year, for those individuals who are schizophrenic or have other severe mental illnesses to the extent that there may be a competency issue," said Sloane Kondrlik. "It's a significant issue in Erie County."
Erie County Assistant District Attorneys Jessica Reger and Robert Oliver handle mental incompetency cases for the district attorney's office.
"Every individual comes to us and comes into the system with a completely unique set of circumstances, and it's important to treat them as such," said Reger. "We can still hold people accountable and also take into consideration their mental health concerns."
"It's not you typical adversarial system," said Oliver. "We are all trying to work together to get this person competent and move forward and get this case disposed for everybody. The victims, the defendant."
According to Rodriguez's lawyer Mark Del Duca of Pittsburgh, she is currently receiving treatment at Torrance.
Rodriguez will eventually have another court hearing, where a judge will determine if her competency has been
restored.
In the meantime, Maisner's family members are hoping for closure.
"I would just like to see her behind bars, that's what I would like," said Adam Maisner. "For the rest of her life."