We wish to clarify certain facts regarding Endi Bala and address misstatements of facts that have circulated. We deeply appreciate public concern and aim to provide accurate information to ensure understanding.
A psychiatrist at the state-run Forensic Center determined that Bala was legally insane at the time of the alleged acts. While criminal charges can be filed, it is unconstitutional to punish someone for acts committed while legally insane. In addition to the original charges, Bala faces a new charge for malicious destruction of property that occurred while he was incarcerated at the jail. A separate evaluation by a Forensic Center psychiatrist determined that he was also legally insane at the time of this subsequent offense.
If the Macomb County Circuit Court Judge accepts a Not Guilty by Reason of Insanity (NGRI) plea, Bala will be immediately committed to the Forensic Center for 60 days. During this time, he will undergo two separate evaluations by two separate physicians, at least one of whom will be a psychiatrist. Should these evaluations reaffirm the original finding of legal insanity, the cases will be transferred to the Probate Court. The Probate Court, not the Prosecutor’s Office, will determine Bala’s proper placement.
Michigan has four state hospitals, all secure facilities, with the Center for Forensic Psychiatry being a maximum-security facility. An NGRI commitment carries a minimum duration of five years, and more serious or complex cases often require significantly longer confined treatment, sometimes exceeding typical prison sentences that are handed down by courts.
The Prosecutor’s Office prepared Victim Notification Forms to ensure affected families are informed of Bala’s placement and notice of his potential release. Additional copies will be provided to the families for them to keep their addresses current for notification purposes.
Our office is not challenging the expertise of the Forensic Center’s professionals because these doctors are highly regarded authorities whose guidance we consistently trust. We do not believe it is appropriate to seek an expert solely to challenge their findings, as we are not qualified to dispute their professional judgment. The Prosecuting Attorneys Association of Michigan also recommends accepting the determinations of the Forensic Center doctors, who are employed by the State of Michigan. The Macomb County Prosecutor’s Office represents the people of Michigan in these matters.
A qualified mental health professional and expert, who is licensed by and testifies for the State of Michigan, concluded that the accused did not have the mental culpability (criminal responsibility) at the time of committing the alleged acts. To do anything other than allow for a NGRI commitment would violate a prosecutor’s oath of office by attempting to imprison a mentally ill individual. It is important to emphasize that this does not mean the accused is walking free; he will remain in secure custody under appropriate legal and medical supervision.
This office will always follow the law and procedures as written by the legislature of the State of Michigan. Until changes come from the legislature, this is the procedure and process that must be followed.
Discuss this on our Facebook page:
https://www.facebook.com/share/p/19yo1Finhm/