THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

Kay Kim,
Petitioner, )
)
v. )
) Cause No. 1:09-cv-1221-SEB-JMS
State of Indiana, )
)
Respondent, )
)

KAY KIM’S AFFIDAVIT FOR

RETURN TO SHOW CAUSE.

The following is transcript from a hand written affidavit from Kay Kim.

1. My name is Kay Kim.

2. I, Kay Kim, pro se write this affidavit in support of habeas corpus filed by Charles

Chuang on September 29, 2009.

3. I, Kay Kim, pro se in the United States District Court of the Southern District of Indiana

is Plaintiff in the following cases:

3a) Cause No. 1:08-cv-1644 SEB DML

3b) 7th Circuit Court #09-3356 from Cause No. 1:09-cv-0829 DFH JMS

4. I, Kay Kim, pro se was lock up in the Marion County Jail from 9/25/2009 till

10/14/2009.

5. I, Kay Kim, pro se was transported to the State Mental Institution by the Indiana

Criminal Court Judge Danial Pfleging appointed by Indiana Supreme Court.

6. My current address is: Logonsport State Hospital (Dodd #1E)

1098 S. State Road 25
Logonsport, IN 46947

7. I, Kay Kim, pro se would rather do time in the Jail/prison’s 23 lock down than to be in

the State Mental Institution.

8. The Hospital is paid $800.00 per day by the State of Indiana.

9. I must get and sit up on the chair in front of the staff lobby from 0630hr to 2030hr.

10. The general schedule is: unless there is group activities or nap time 12.00pm to 1.00pm

I am required to sit up doing nothing for almost 14 hours each day. This is a butcher mad

practice employed by the State Hospital whose only motivating force is to make money.

11. My only need and request is to be allowed to manage my chronic pain with ibuprofen and

a motorized wheel chair for mobility. I waived the right to have a cane in case someone

accuse me of using the cane as a weapon. The staff accused me of lying about pain and

the need for a motorized wheel chair.

12. Bottom line the hospital program is torturing me by making me sit for 14 hours each day

to break down my will and beg on my knee.

13. Starting next week I am required to color picture used in 3-5 olds kids program. I will

have to attend 1 hour of legal study and a couple of non educational social programs. As

long as I am here I will participate in all the programs to get “credit” and get out of the

$800/day hotel 13 from hell.

14. On my first day at the mental hospital I talked to the psychiatrist Dr. Laura Rogers who

ended the session with a very troubling remark: “…the last charge of battery is serious..”

This one statement says it all. The Court will not allow my trial to go on and in lieu of

that put me in the mental institution.

15. The mental program is used to torture me by forcing me to sit up 14 hours a day and

breakdown me down both physically and mentally.

16. Even if the State Hospital provide me with a motorized wheelchair and allow me to

manage my own pain medications I rather be doing time in a 23 hour lockdown prison

until the next court date.

17. People suffering from cancer are provided with support systems especially if they are

about to die. I have nothing and am I competent to stand trial?

18. Mental competency has nothing to do with physical ability and/or disability. The hospital

has to provide adequate care to accommodate my physical disability.

19. It is my understanding that the first 90 days of competency review should be held at the

nearest facility to my home. After the 90 days period, the hospital can then commit to the

state hospital indefinitely.

20. Someone has violated my rights described in Paragraph 19.

21. When my mother is dying of cancer and do not have much time to live I did not go and

see her because I do not want to be separated from my husband and four doggies (my

children.)

22. The Marion County Jail has its own update and improvement program but still there are

many deputies that need to be retrained and reeducated so that they can perform their

duties better. But the Marion County Jail does a much better job than the State Hospital

and at a fraction of the cost.

23. I saw on the news it costs about $10,000 to $15,000 per year to hold a inmate. This

facility is costing $300,000 per year for each patient.

24. There are about 20-25 people in each hospital ward. The state is paying about $50 million

to run the hospital. That’s why I complained that Dr. Parker and the staff in the hospital

has a vested interest to hold a patient as long as possible.

25. Despite my notice in the Court to fire the Public Defender, Matthew Gerber was still

mumbling on the last court date (9/25/2009): “ …$1,000 cash bond …90 days…..

Time served….”
 26. This mental institution and competency hearing is used in a scheme to violate my rights

to due process.

27. This mental institution commitment is used as a cruel and unusual punishment in lieu of a

trial.

28. If your Honor is not sure about my mental competency and violence I would beg you to

send me back to the Marion County Jail.

29. If your Honor can visit this facility and see if there is a competency restoration program

in place. Please see the facility personally.

30. Wherefore I Kay Kim prays that the Court will grant Charles Chuang’s petition for

habeas corpus.

I Kay Kim, pro se affirm under the penalty of perjury that the representations contained in

this affidavit is true and correct.

Date:_________________________ Respectfully submitted,

Kay Kim, pro Se

Logonsport State Hospital (Dodd #1E)
1098 S. State Road 25
Logonsport, IN 46947