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1.) Q: How old is Mark?
A: Mark is 47 years old, but due to
his indestructibility, there have been theories that he is similar to the Bruce Willis character in "Unbreakable", or
the immortal in "The Highlander". His resilience is remarkable, defies logic and simply cannot be explained.
2.) Q: Where does Mark live?
A: Mark is homeless, a transient.
He has been on the streets for at least 17 years. Mark appears to have an innate ability to return to the the beach.
No matter where Mark is, he finds his way back to the coast. Within hours of his release from County Jail, Mark is either
at or near the pier, or in jail.
3.) Q: How many times has
Mark been arrested and why is Mark always being arrested for drunk in public?
A: As of November, 2008 Mark
has been arrested 470 times. This is a somewhat conservative number based on the cities I have contacted (I'm sure
I've missed a few). Mark is a severe chronic alcoholic with brain damage (due to both a serious head injury that put
him in a coma and a lifetime of alcoholism). Mark is most often arrested due to numerous citizen, business owner, and
police contacts regarding situations in which Mark is extremely intoxicated, disorderly, often aggressive, and even more often
in medical danger. Many times police contact with Mark is a medical aid. He is found after faceplanting into the
pavement, in the street, in front of people's doors, many times unconscious. Additionally, Mark has been to the
emergency room over 420 times.
4.) Q: It's become pretty
obvious that Mark cannot care for himself, why isn't he 5150'd as being gravely disabled?
A: Mark falls into a category that
most doctors have a hard time dealing with for a variety of reasons...
First, the combination of chronic alcoholism and brain damage is
confusing, labor intensive, and yields virtually no positive changes for the individual in question. Treatment and rehabilitation
are extremely unsuccessful. Who will pay for this?
Second, Mark's long term memory consists of a memorized selection of phrases that
disarms most medical professionals (especially those interested in just moving Mark through the system--And away from them).
When he's sober and under professional evaluation, he simply recites all the proper responses he has been spewing for over
10 years. It's as if he's got Alzheimer's Disease. There are some rock solid memories--It just so happens that
these memories are the "perfect responses", those that professionals love to hear... Mark is such a severe
alcoholic that most people believe that if he simply stops drinking the problem will be solved. "All Mark has to
do is stop drinking and he'll be fine" is an all too common response.
Third, Mark smells so incredibly awful, he's is hard to be around.
Fourth, Mark is pretty young and has yet to exhibit behaviors that REALLY present
a big problem to others. If he was 60 and naked and directing traffic on the freeway--I'm sure they would do something...Then
again, a man dead set on drinking himself into oblivion isn't a danger to himself?
Finally, aside from a handful of people, who have gone above and beyond the call
of duty in terms of protecting and saving Mark's life, it simply appears that nobody cares...
A number of people have commented on the above issues, but one person in particular,
Mr. John McCready from the A.O.D.D., has summed up this dilemma in a very astute and real world experience-oriented letter
that he sent to me:
Mr. Sperling,
The DUI clients who watch "DRUNK IN PUBLIC" continue to be "stunned" and "gnawed at", as the film sticks with them-as
it does me. I wonder what a showing of it to an "open" AA meeting would do?...
As someone who worked in a long-term psychiatric hospital with MULTIPLE chronically mentally ill adults (many were
Orange County Conservatee's) for 3 years--I can attest that the reason "the mental health system" will NOT take Mark David
Allen is simply because his mental deterioration is NOT organic to begin with (as a true schizophrenic, or major depressant's
illness is).
You have made it clear that the psychiatrist's that "screen" 5150's, and 5250's do not "upgrade" Mark David Allen for
longer-term treatment because he "tells them what they want to hear". This is
true, along with the fact that, since his "threat to self and others" (THE criteria for "upgrading" above a 5250) is NEVER
APPARENTLY IMMINENT, Mark David Allen will always get "washed out" and yes-the same sad loop starts all over.
I actually have current DUI clients that have served time with Mark David Allen, and many of them swear that the man
"knows what he is doing" when he WANTS to go to jail (for some food, but not a change of clothes). At least the guy is on some kind of formal probation now. I
wonder what his medical status is. I hope you can keep a "running tally" on Mark
David Allen’s arrests, etc. The fact that MDA continues to live is a testament
to the fact that he may never get his wish to destroy himself permanently anytime soon.
Furthermore, ANYONE in California can check themselves
in to ANY "IMD" (Institution for the Mentally Disordered as it is known by the California Department of Mental Health), or even check
into a state hospital like Patton or Metropolitan on a VOLUNTARY basis (as long as the hospital gets paid-they will take you-Med-I-Cal,
Health Insurance, cash, etc.). The "involuntary" commitments (based on a person's
conservatorship status) do not come until AFTER the person has been at a 5150/5250 & 5260 ward for the maximum length
of time. Then there is the court establishment of conservatorship, placement
by the conservator, etc.
Clearly what is needed in Mark's case is a court-ordered referral to Mental Health Court (I do not know if Orange County has one the way Los Angeles County does). If ANY Public Defender can simply show that Mark has ZERO comprehension, or retention of ANY probation condition,
then it would be BEYOND UNFAIR to sentence him to a probation since he would NOT "knowingly, or willingly" (both legal requirements
for a plea bargain!) understand what he is sentenced to (or being restrained from-as you have pointed out).
Does he keep seeing the SAME judge and Public Defender every time? Another
oddity is that if a conservatorship DID somehow get established, and if Mark ever wanted to dispute it, he would be represented
by. . .the OC Public Defender's Office (yes, they have a branch for conservatized clients). Once
again-unless a PRE-EXISTING mental illness (not acquired via substance abuse) can be established that makes Mark a "danger
to self, others, or gravely disabled" (based on a mental illness), then he is highly unlikely to get that mental health safety
net he needs. The dividing line in public funding of mental health clients appears
to be: if you were born with it, and did not ask for it (childhood onset, or
adult onset of schizophrenia, depression, bi-polar disorder, etc.) you are eligible for Med-I-Cal, SSI funding, etc., but
if you substance abused your way INTO a mental health disorder (as Mark David Allen clearly has), you are ON YOUR OWN (as
Mark David Allen is and will apparently remain).
Conservatorships are indeed "one-year terms" as allowed under something called the "LPS" law (LPS stands for Lanterman-Petris-Short,
the three state legislators that got this law passed). It has been state law
since 1968 (when REAGAN was governor, and to the best of my knowledge has NOT been updated).
A person on LPS conservatorship has a right to have a JURY TRIAL on a 10 day notice to determine their "grave disability", to
determine if the person should continue to stay on conservatorship (its a civil proceeding, and like in a civil lawsuit, only
requires 9 of 12 votes for the conservatorship to be involuntarily continued-I had one client that took his Orange County
LPS Conservatorship to a jury trial 5 times and WON EACH TIME-though the guy was off the chart bi-polar, and was re-conservastized
within a few months after getting off of each conservatorship!).
To get conservatized by the OC Public Guardian's office, a proposed conservatee, would have to make it THROUGH a "5150",
a "5250", AND a "5260", and THEN the 1 year conservatorship would begin! As you
know with Mark David Allen, he knows what to say to short circuit even the 5250 process (as your film showed, so the fact
that he CANNOT provide for his "food, clothing, or shelter" due to a pre-existing MENTAL ILLNESS, continues to keep him in
"no man's land". The fact that he has "wet-brained" (Korsakoff's Syndrome) himself
to the point of being "gravely disabled" will not get him into the mental health system. He
would honestly have to be suicidal, and/or homicidal, and fail ALL three levels of involuntary mental health commitment (5150,
5250, AND
5260) to get "in the system". Of course the
taxpayers of Orange County will pay for it, as they do ALL Public Guardian based conservatee's. Med-I-Cal covers their medical costs, while Orange County covers their long-term
treatment (psychiatric hospital stay, and public conservator and public defender) costs.
I saw it all first hand with many Orange County conservaterized clients in the three years I was
a psychiatric hospital counselor.
Mark David Allen would be lucky if he ever made it that far.
In
conclusion, I have now shown the DVD of "DRUNK IN PUBLIC" so many times, my copy is wearing out! I hope the DVD is continuing its rapid circulation. I have
shown this film to at least 4 of my groups--each one is completely amazed to numbness by what they've seen... It is meeting with stunned acceptance by our clients here at the program...
Overall, your film is perfect in its accuracy. It is horrifyingly candid...I'd
recommend it for an Oscar, but am not sure what the process is for that. I
hope it continues to have every success. Excellent work. Thank you very much.
--John McCready, Counselor - A.O.D.D. - Alcohol Education Curriculum
San Juan Capistrano, CA
Thanks, John.
5.) Q: Over 460 arrests?!
Are the police picking on Mark?
A: No. No way. I know, this probably
shocks those of you who think the police are picking on Mark--it is simply not true. If anything, it may be the
opposite. In fact, I know he could clock in over 1000 arrests if they picked him up for every time he's
been slumped on a bench intoxicated. Rest assured, resources are devoted and he is policed appropriately, but not over-exuberantly.
I haven't been to Kentucky and I don't know Henry Earl (the man who has been arrested over 1000 times), but I imagine their policies and tolerances are different (some places give
out more citations and some places arrest more, it depends on the situation). I have seen many of Henry Earl's
mugshots and he seems to be "less intoxicated" than Mark David Allen (who completely decompensates). Nevertheless, I
can not fairly make a judgment on this because I do not know the details, nor have I met him. The situation is frustrating for everyone and there are more questions than answers.
The police have a lot of duties, so, unless Mark presents a problem, nobody is going out of there way to create an arrest...
From an arrest standpoint, Mark is the last person officers are interested in dealing with...When Mark is arrested, the
officers have to spend numerous hours with him (often just sitting at the hospital) and this is before they even get him to
jail. Due to Mark's odor--It can be a horribly unpleasant experience. Still, they do what they need
to do to prevent any bigger problems. These type of chronic problems can be very frustrating for the officers and all
things considered, they handle it reasonably well, relatively patient after all these years.
6.) Q: How does Mark
get his food?
A: Mark is the ultimate survivor.
He will eat anything if he needs to. A police officer in Hawaii told me a story about Mark: The police officer
said he once spotted Mark standing in a dumpster eating submarine sandwich covered with bright blue mold.
While Mark was ingesting the sandwhich, he was also vomiting. Mark aware he had to eat, but unaware that it
was the sandwich itself that was causing him to vomit.
7.) Q: Where is Mark's
family?
A: Mark has a few relatives scattered
about, some locally, some in other states, but as is the case with addicts, most of the bridges have been burned and the concept
of "tough love" is in place...
Some believe that there is nothing that can be done for him now.
Some pray that his presence somehow impacts someone else in a positive, humorous, or educational way (which I have seen and
witnessed first hand).
In conclusion, nobody really knows what God has in store for Mark
David Allen. Mark is already more purposeful than many "functional" people, even if it's existing solely as
a warning to others...
8.) Q: What does Mark drink?
A: Mark chooses to drink vodka...Usually
Popov, which he can obtain for under $10. Why do the local liquor stores sell Mark alcohol? The only answer I
can come up with is greed, maybe uninformed sympathy? But those are guesses. Some people buy alcohol for Mark
at Mark's request. Some store owners are on auto-pilot and don't really consider it. I can't answer for them.
To know for sure, you'd have to ask them yourself.
9.) Q: How does Mark
get money?
A: Mark is not involved in any kind
of social program, government funding, disability, nothing. No SSI, no Medi-Cal, nothing. I had him signed up
for Medi-Cal but the hospital neglected to tell me that he had to return to the hospital for a follow up appointment,
therefore they cancelled the application.
Mark obtains his money from panhandling (sometimes too aggressively)
which nets him about $5. every 2 hours. Most people that are familar with street addicts offer to give aid in the form
of food instead of money (because money is most often used to buy their drug of choice).
For the most part, the deepest regions of Mark's brain have
protected a unique and natural charisma that still enables him to beg in a very agreeable manner. Mark
doesn't usually miss meals...Then again, he's not particularly picky, either.
Recently, Mark's condition had become so deteriorated, that
even his charm factor seemed to be slipping away.
10.) Q: How come the courts
don't do something like force Mark into treatment or put Mark away forever?
A: Individuals cannot be forced into treatment.
Aside from the legal constraints, effectiveness under such circumstances is almost non-existent. Also, a drunk in public
arrest is not really a crime that the courts view as punishable, and certainly not indefinitely. Jail overcrowding prohibits
long sentences for non-violent offenders. I think most of us would agree that certain offenders belong in jail and someone
like Mark belongs in an institution.
11.) Q: How is Mark still
alive?
A: Mark is amazing. Aside from
his sheer force of will, he is blessed with superior genetics. He bakes in the sun until his skin is charred--No skin
cancer. His nutritional choices make third world countries look like cutting edge olympic dietary excellence.
His blood pressure is 119 over 70. Mark claims to have been hit by a car at least 3 times (but probably more
than 5 times), was in a car accident as a passenger (the only survivor) and spent more than a month in a coma.
Mark drowned after a seizure and had to be resuscitated, has had hundreds of other seizures and impacts with the ground
(I've personally cleared his airway and facillitated breathing on him 3 times). Mark also drinks as if his life depends
on it...Which, when on a binge, it does. I believe that God is the only one that has the answers to the question as
to why Mark David Allen is alive today. Albert Einstein once said, "God doesn't play dice."
12.) Q: Who pays for all
of Mark's hospital visits and various municipal contacts?
A: The County (both you and I do).
13.) Q: Mark David Allen
is obviously so brain damaged that he cannot be saved...So why do you continue to do any of this--Who cares?
A: I do...But it's true, Mark cannot
be salvaged from society's traditional standpoint (Organic Brain Syndrome is irreversible--Only a Lazarus-like miracle
can save him) but his impact on the world is startlingly immense and getting more so every single day..
Originally, my focus was on trying to get Mark the help he needs.
Over time it has shifted toward treating him with compassion and respect as well as protecting the community and the
city...And then I realized how much I had grown and learned just from dealing with Mark.
Early in Mark's drinking career, he pretty much damaged
just himself. No driving, just personal obliteration (or as he has put it, "obliviation"). But now, with his
brain damage and short term memory issues and his lack of awareness, it's only a matter of time until he does something that
dramatically affects an innocent person. Is it going to be someone swerving to avoid him when he falls into the street
and then inadvertantly running over a family on a crosswalk or sidewalk? Or is it going to be a child traumatized
by Mark wandering into the public bathroom stall with his pants around his ankles and his genitals in his hand?
It's also not my decision to discount Mark's impact in this world. Certainly,
people have been affected by Mark's life in a positive way (there are a number of scenarios depicted on this site -- see the
DRUNK IN PUBLIC - The Impact page -- which illustrates the positive changes made by those not wanting to go down the same road Mark has travelled),
as well as a number of poignant reflections on this project. It's very difficult for someone to cast judgement when
they cannot see the entire picture. In one way, being around Mark helps be become a more compassionate and tolerant
person. I now certainly see things in a more appreciative light...I seen his impact--I've seen the evidence--It cannot
be denied, no matter how much anyone wants to ignore it.
Please send me an email if you have a story of impact.
For me, Matthew 25:40 explains a lot.
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