Pages of the Complaint

A. During the 3/17/03 hearing, Judge Shake actually gave testimony against Aaron before ruling to return this ill youngster to prison. But, moreover, Judge Shake acknowledged that Aaron may have been in a state of diminished capacity and innocence at the time of the shooting. To wit, Judge Shake stated:

“I think the testimony from Dr. Ryabik. . ah. .I have to agree with the Commonwealth that. . in listening to his [Dr. Ryabik’s] description of the behavior, the impulsive behavior I believe fits this crime to a tee. . I think thats what occurred. Because I have no doubt that. .that in the moment before and the moment. . .millisecond after that you did not intend to shoot Andre. But listening to the impulsive behavior, that sounds exactly what might have occurred by then. . .” (TAPE of Rev. Hear., 3/17/03; 12:50:41 - 12:26:30)

B. As stated in above paragraphs 5 through 5H, at the 3/17/03 hearing, Dr. Ryabik informed the Court of Aaron’s illness and of how he had not been properly treated by agencies of the Commonwealth since the Dec. 1999 shooting. To wit, Dr. Ryabik reported that Aaron 1) had not been treated for polysubstance abuse, 2) had not been properly treated for his depression, 3) suffers from impulse control disorder, and 4) has symptoms of post-traumatic stress. Yet, Judge Shake still ruled to re-incarcerate Aaron. During the hearing, Judge shake did not hold any of the Commonwealth agencies responsible for failing Aaron.

C. At the 3/17/03 hearing, Judge Shake did not consider Dr. Ryabik’s findings that the Commonwealth had been giving Aaron only anti-psychotic drugs while falsely informing Aaron that these medications were anti-depres- >>>

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