Nelson homicide case: Medication order to be appealed

By David Nordby

The Brillion News

CHILTON – An automatic appeal on a judge’s decision to involuntarily medicate the Town of Brillion man who allegedly killed his father will go to the Wisconsin Supreme Court.

Kenneth Nelson, 41, the man who is charged with first-degree intentional homicide for allegedly murdering his 66-year-old father, Daniel, on Jan. 21, received an “involuntarily medication order” from Judge Carey Reed during a motion hearing on Monday afternoon.

The goal of the medication would be to help Nelson reach competency, which legally means assist his attorneys in his defense and understand court proceedings. In May, Reed ruled Nelson was not competent to stand trial at the time.

The motion hearing covered if Nelson should be forcibly medicated to reach competency, and if the proposed medications by Hansen would accomplish competency.

Dr. Kevin Hansen, a physiatrist who has met with Nelson weekly, testified throughout the roughly hour-and-a-half hearing. Hansen said he would like to administer clozapine to Nelson, advocating for the medicine. Hansen referred to the medicine as the “gold standard” for treating schizophrenia and said that while there are other options, it is the most likely hope to address Nelson’s symptoms of delusions of grandeur.

Nelson previously experienced side effects while on the drug. His defense team said he would have an increased risk of infection while on the medication and that there is no way to ensure Nelson ingests the oral medication.

Hansen answered questions from district attorney Nathan Haberman, defense attorney Robert Welygan and Judge Reed about medications to treat Nelson. Reed asked how the oral medication can be involuntarily given if Nelson refuses, unlike if it were an injectable medication.

“We can crush it and put it in something, and try to, not force feed him but influence him to take it under the court order, or we use negative reinforcement for utilization of the IM (intramuscular injection) backups,” Hansen said. “A lot of patients, they don’t enjoy the injection formulation of having to be stuck with a needle on a daily basis and it does result in that negative reinforcement and compliance with oral medications.”

Hansen estimated that those methods are about 50-60% effective.

According to the criminal complaint, Nelson was diagnosed with schizophrenia in 2009. Nelson stated, in the criminal complaint, that he acted with self defense against a man who attacked him in his home.

Nelson appeared in-person for the court appearance, sitting between his two attorneys. He mostly sat still other than brief interactions with his representation.

“I think I heard from the parties that there’s an agreement that there’s an important interest, that the state has an important interest in proceeding to trial in this particular case,” Reed said. “The charges are what they are, they certainly are serious and there’s certainly a state interest in addressing those, and a trial is how we do that.”

No trial date has been set. A review hearing is scheduled for Wednesday, Aug. 12

at 11 a.m.