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, )
)

CHARLES CHUANG’S AFFIDAVIT FOR

RETURN TO SHOW CAUSE.

1. On November 6, 2008 Kay Kim was arrested in her house by a policeman who came one

hour of the incident. A hair dresser assistant to one my neighbor came to my house and

buzzed my buzzer because she couldn’t get in the locked security door. Kay Kim went

out and she forced herself into the unit. She hurt my wife’s toe nail with the door.

Another neighbor was upstairs and videoing the entire incident. An hour later the Police

came and did not arrest the intruder even though she signed on the Affidavit that she

forced herself through the locked door. The Police did not arrest the person who forced

entry into my complex. Kay Kim was arrested with the following charges: Bodily fluid

on another person (spitting); resisting police arrest and battery. The first charge was

dismissed in the jail. Two remaining charges are misdemeanors cases.(Cause# 49F08-

0811-CM-254608)

2. When her case goes to the Marion County Criminal Superior Court no judge want to take

her case. The Indiana Supreme Court has to appoint a Special Judge J. Proffitt from the

Hamilton County Court even though she asked to be excused. The Special Judge refused

to dismiss three old cases (Cause # 49F08-0505-CM-063990, 49F08-0505-CM-112139

1
 49F08-0607-CM-140781) which expired Statue of Limitations. The Special Judge did not

allow Kay Kim to subpoena the video tape of the actual incident (paragraph #1). The

911 tape from the Police Dispatch was mysterious missing. The Judge refused to allow

Kay Kim to Subpoena a copy of the call records. The Judge felt that Kay Kim cannot

represent herself or assist counsel (public defender.)

3. Even though Kay Kim has never misbehaved herself in the court room. Kay Kim has

never been violent or abusive in the court. Kay Kim has filed all the necessary motions in

a timely manner. Kay Kim can represent herself pro se in the Federal District Courts

against renowned attorneys, Attorney General, and City Attorneys. Only the Special

Judge in the Marion County Criminal Court believes that she is incompetent to stand

trial. The Special Judge ordered Kay Kim to be evaluated by Dr. Parker. Kay Kim was

evaluated by Dr. Parker the third times. Each time his report reflects exactly what the

Court asked for. Kay Kim should be sent to a different psychiatrist for a second opinion.

Dr. Parker has a vested interest in ensuring a steady supply of patients to the mental

institutions even though he is employed as the Head of Department of Psychiatry in

Indiana University. The Logonsport State Hospital is charging $800 per day of her stay

there.

4. Kay Kim is a law abiding and non violent citizen. She is handicapped and cannot move

comfortably without a walking stick or powered chair. In China there is a saying: “A

leaky bucket always leak.” Kay Kim has been living in the same condominium village for

the last 10 years. There are more than 250 separate families living there. Kay Kim has

never been convicted of a violent crime. She has never been charged for destroying any

property. Since Nov 6, 2006 she has not been arrested again. Dr. Parker certified with

medical certainty that Kay Kim should be committed to a mental institution if the Court

2
 concurs because she is a danger to her community. Under IC 11-12-3.7 6 “violent

offences” include “battery “(IC 35-42-21.5) as Class A Felony, Class B Felony and Class

C Felony). So under Indiana Law her misdemeanor charge is not classified as “violent.”

Dr. Parker has no evidence whatsoever. He believed that “Police do not lie.” and he

assumed one is always guilty as charged. Dr. Parker flagrantly violated R704(b) which

states “no expert witness testifying with respect to the mental state or condition of a

defendant in a criminal may state an opinion or inference as to whether the defendant did

or did not have the mental state or condition constituting an element of the crime charged

of a defense thereto. Such ultimate issues are matters for the trier of fact alone.” Dr.

Parker maliciously and intentionally added the “danger” so that the court can commit

Kay Kim. Under Indiana Law a doctor must commit a person to a mental institution if

he thinks that he is a risk to himself or to the society. He left it to the Court which

committed Kay Kim four months after his evaluation.

5. Judge Proffitt violated Kay Kim’s civil rights by taking her rights to represent herself

without a competency hearing. Judge Proffitt takes the testimony of Dr. Parker who is

being sued by Kay Kim in the Federal District Court (Cause 1:09-cv-0829). Judge

Proffitt did not allow Kay Kim to question or cross examine the testimony against her

which is a violation of her civil rights. Judge Proffitt gave Dr. Parker the three cases

with expired Statue of Limitation which is a violation of Kay Kim rights to due process.

Kay Kim was committed to a mental institution on September 25, 2009. This is a very

cruel and unusual punishment for a misdemeanor case. For life without parole a person

must be convicted beyond doubt by a jury of his peers. In this case Kay Kim can be

committed indefinitely – for life just because the report of a single psychiatrist. No one

has come to my neighborhood to determine the sanity of Kay Kim. No one has ever

3
 asked me to verify her sanity. Kay Kim was also evaluated by three different state

psychiatrists at the time of each arrest. They all verified that Kay Kim does not have any

evidence of psychosis and is tested negative for any drug abuse. Dr. Parker is ironically

the same person who can certify that Kay Kim is fit to stand trial.

6. Kay Kim has been in the Marion County Jail from September 25, 2009 till October 14,

2009. The Court wanted her to post a $1,000 surety bond. When I paid the bond the jail

refused to release her. She was sent to the Logonsport State Hospital in Logonsport,

Indiana. In the State Hospital she is “tortured” physically and mentally by the staff.

They make her sit up 18 hours a day. She cannot have a walking stick or a wheel chair.

They gave her a walker that is of no help to her chronic pain. Kay Kim is not allowed to

sit down on the floor or rest in the bed room. Her blood pressure got as high as 180/120.

They forced her to take medication instead of letting her rest. The medication upset her

stomach and acid reflux gets into her throat and mouth. She has diarrheal continuously

for 4 days. They refused to give her Maalox™ or ImmodiumAD™. They claimed she is

faking and has to keep her stool to show the nurse. She doe not have a knee and the

nurse forced her to bend her leg. Finally she went to x-ray her leg. Under IC 12-26-6-8 a

person committed to an institution must be evaluated in a community mental health

nearest to his home. She was in the Marion County Jail for 19 days in jail and sent

directly to Logonsport State Hospital. The State Hospital did not provide adequate and

reasonable care for her physical disability. Kay Kim is not been treated for any mental

disability. I offered to bring my own wheel chair for her but has not got a reply yet. The

Psychiatric also told Kay Kim on the first day that “battery is a very serious crime. “

7. Since Kay Kim has no way out I petitioned for a writ of habeas corpus in the Federal

Court (1:09-cv-1221). This court allowed the State of Indiana to show cause within 20

4
 days from date of order (9/30/2009). I have been waiting patiently for the State’s reply.

At 4.30 pm on October 20, 2009 the State filed electronically for an extension of time till

November 19,2009 citing that they no time to get the court documents. In this electronic

era it is surprising that the Attorney General’s office could not get the documents within

the allowed time. The Attorney General’s office is less than a mile from the Court and a

simple phone call could have the files delivered. The State waited until the eleventh hour

to file. If this Court granted the motion for the enlargement of time Kay Kim would

have been committed for 55 days. Her next court date is on December 15, 2009. It would

negate the purpose of my writ of habeas corpus.

8. Kay Kim is under much stress in the State Hospital. Her blood pressure is 180/140 on

Sunday. Her blood pressure has never been so high before. The Hospital did not provide

adequate care for her physical needs. Kay Kim is suffering from chronic from her

impacted vertebrates and damaged nerve. The Hospital staff claimed she is faking her

pain. Kay Kim actually prefers to be in the jail where there is less comfort and more

restriction. The Jail takes care of her physical needs. It cost the State $800 a day for Kay

Kim to be in the State Hospital. That adds up to $300,000 a year. I really believe that

there is no incentive for the State Hospital to release Kay Kim anytime soon. Kay Kim

wanted to be put back in jail which costs only about $15,000 a year.

9. Kay Kim is faced with so much injustice. If the Court does not grant her summary

judgment immediately Kay Kim request the Court to put her back in the Marion County

Jail because of the suffering and bad experience she had in the State Hospital.

I Charles Chuang affirm under the penalty of perjury that the representations contained in

this affidavit is true and correct.

5
Date:_________________________ Respectfully submitted,

Charles Chuang
As next friend of
Kay Kim
4250 Village Parkway Circle, Apt #2
Indianapolis, In 46254