Lancaster New Era, July 16

Judge: Mental health hearing must be public

JANET KELLEY
New Era Staff Writer

When Meghan Lippiatt was found not guilty of killing her two young sons by reason of insanity, she became a free woman in Lancaster County.

“These events, as well as Lippiatt’s need for continued psychiatric treatment, are obviously matters of significant public concern,’’ Lancaster County Court Judge James Cullen wrote in a ruling this week.

As a result, Cullen concluded, a hearing about whether Lippiatt, 34, of Mount Joy, should be ordered to continue mental health treatment will be open to the public.

That hearing has not yet been scheduled, in part because Cullen said he expected his decision will be appealed.

After Lippiatt was acquitted of the murder charges last December, Assistant District Attorney Kelly Sekula filed a request asking Cullen to order Lippiatt to continue mental health treatment and undergo further evaluation.

The Lancaster New Era, through its attorney, George Werner, sought access to Lippiatt’s court records when the prothonotary’s office refused to open her file for review. The newspaper also sought access to Lippiatt’s future court hearings.

Lippiatt, through her attorney, Julie Cooper, objected to any public access. Cooper could not be reached for comment this morning.

Last month, Cullen heard the attorneys’ arguments on the matter. On Monday, Cullen handed down a four-page opinion, ruling against Lippiatt, saying the mental health acts are presumptively open to the public and Lippiatt failed to convince him that there are “legitimate grounds’’ to close the hearing.

Lippiatt had argued that a public hearing would result in the disclosure of her mental health treatment since the time of her acquittal as well as the names of her counselors and psychiatrists.

In addition, Cullen noted that Lippiatt’s concern that information regarding where she lives, works or receives treatment would become public “does not warrant closing the hearing nor does her unsubstantiated claim of fear of retaliation.’’

“Without specific evidence,’’ Cullen wrote, Lippiatt’s “assertion of a fear of retaliation is entirely speculative.’’

Cullen also noted that, “there was significant evidence regarding Lippiatt’s mental health diagnosis presented at her public trial on the criminal charges.’’

As a result, Cullen wrote, “it is apparent that the disclosure of information of this type is an insufficient basis to close the hearing.’’

The double homicide was discovered in April 2004, when Lippiatt called 911, telling dispatchers she had just killed her sons, Silas, 2, and Miles, 4 months.

She was arrested and charged with criminal homicide, but spent the next 3 1-2 years at either Lancaster County Prison or Norristown State Hospital, where she received treatment for her mental health problems.

In December 2007, Lippiatt went to trial before Cullen, without a jury. She maintained she felt evil forces were compelling her to kill her children and was found not guilty by reason of insanity.

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