Mental patient asks for release from Anchorage facility
Published Thursday, May 8, 2008
A 51-year-old man who authorities say slit the throat of a mental health worker in March 2007 has asked to be released from the Alaska Psychiatric Institute in Anchorage, according to the facility’s clinical director.
Brian Galbraith’s request comes a month after a murder charge was dropped when Fairbanks Superior Court Judge Robert Downes declared him incompetent to stand trial.
An Anchorage judge would have to determine that Galbraith poses an imminent threat to others for the facility to keep him against his will, API’s clinical director Larry Maile said.
Maile said he is unsure whether Galbraith’s current behavior meets the legal benchmark for an involuntary commitment.
“Based on my experience and understanding of the law, we may not be able to establish that Mr. Galbraith’s current level of dangerousness poses an imminent risk to the public,” Maile stated in an affidavit filed in Fairbanks Superior Court.
A hearing took place Wednesday at which state prosecutors asked Downes to reconsider his ruling deeming Galbraith unfit to stand trial.
Downes refused, saying that Galbraith is dangerous and should remain locked up but that reinstituting criminal charges would be a ruse to keep Galbraith in state custody, according to court documents.
Downes pointed to erratic behavior in court and a psychiatric evaluation deeming Galbraith incompetent to stand trial.
The state could refile criminal charges or seek an involuntary psychiatric commitment, Downes said in court.
Galbraith voluntarily committed himself to the state-run psychiatric facility in early April within days of Downes dismissing the criminal case.
If Galbraith persists in his request to leave the psychiatric facility, officials there would petition the court for an involuntary commitment, Maile said.
Court documents indicate that Galbraith would need to sign an “AMA” — Against Medical Advice — form to trigger the psychiatric facility to ask for the involuntary commitment hearing. Such hearings are held in Anchorage court on Tuesdays and Fridays.
Maile declined to say how Galbraith’s overture to leave the facility was handled.
Galbraith has been treated for paranoid schizophrenia since at least 1980 and was staying in a group home run by Fairbanks Community Behavioral Health Center when authorities say he killed Genine Holznagel-Leary, a 32-year-old residential worker.
Holznagel-Leary’s neck was slit and she was stabbed in the back, according to Fairbanks police. Several people witnessed the stabbing.
Galbraith’s violent past has led to several arrests but few convictions.
In 1983, a jury convicted Galbraith of attempted kidnapping after he put a hard, shiny object to a woman’s neck and tried to force her into a car, according to court records. The woman fought him off. He received a five-year prison sentence.
In 1989, a jury convicted Galbraith of third-degree assault after he threatened a grocery store employee with a knife. His punishment was five years of suspended jail time and an order to comply with his mental health treatment plan, records stated.
Three other assault charges since 1982 were dismissed. At least two involved allegations that Galbraith had a knife.
Community Discussion
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Brian Galbraith is crazy like a fox, and it looks like he has manipulated or on his way to manipulating the system once again. Kinda makes one wonder the Hayes got three years and a five year sentence for stealing a half of million dollars. And the murderer Galbraith doesn't do any prison time for killing a woman, and whos past shows that he should be public enemy number one. Oh but he did a year in re-hab and he should be healed some will say. Well to those that belive that crap I say let him move into your basements with you and your family. Don't forget to get him a new shiny pocket knife for a Christmas gift this year either.
Well, if he does get released, the state just showed us all how to commit murder and get away with it.
Based purely on what I've read in this article, it seems that there's plenty of reason to believe that this guy is a danger to the community. With a history of brushes with the law that commomnly involves him and a knife, I don't see how you could make any determination other than he is a risk to the public.
Clinic Director Maile would be wise to err in favor of public safety over erring in favor of a habitual nutcase.
Put the man in Prison where he needs to be. He is playing the system and should be held accountable for the murder of another person. Once again system has failed. My heart goes out to the victims family.. He should pay for what he has done.
I can't believe how our justice system works! Or the lack of it working!! We have children placed in the care of abusive people and the judicial system won't help them, people stealing money, which didn't hurt anyone except their pockets, being sent to prison and murderers that have a violent history spanning three decades being allowed to walk the streets.
Brian Galbraith has had more than three strikes and should be taken out of the reach of society! How many people does he have to hurt before the system sees that his doesn't stay on his medication and that it hasn't stopped him from destroying lives? The rest of the population of the earth should be protected and his rights be the ones violated! Our safety and lives should NOT be taken from us because he has a mental condition! If his mental condition is so extreme that he kills he should be forced to stay at a facility that is made for those types of mental patients for the remainder of his life!
I feel so sorry for everyone's lives Brian Galbraith has destroyed through the last three decades! Don't allow him to continue to take away more lives before taking control of the situation!!!
Genine was a friend, and so I suppose I'm extremely biased. But, mentally ill or not, this man has a violent past. It's not like this was a one time only incident. I believe that repeating such behaviour over and over is evident enough that he does not belong in the real world. He needs to be where he is, if not behind bars.
If you are mentally ill and you kill someone because you believe that person is going to kill you. It is not murder. I'm sorry but the truth is the truth. No matter how vengeful you feel and it is wrong to convict someone of murder if that is not what they committed. If you disagree maybe you need to look up the definition of murder. It is so important that we not destroy our system and make it easy for courts to convict people of crimes that they did not commit just because we want vengence. Vengance is not justice. The problem with this situation is that there is no where for people to turn with mental illness. We let them wander the streets because we are too cheap to make sure our mentally ill are looked after. For there safety and our own. The health centers including the one where the poor woman was killed is under staffed, under funded and makes people wait months for appointments, and go through a gauntlet of obstacles when people who go in there are not mentally there anyway to be able to do that in the first place. They don't care for the people they put up with them and that is the wrong approach to this situation. This is the unfortunate result of sane people who believe metal illness is a fairy tail or an excuse and refuse to take care of the problem properly.
That poor woman was put at risk by us the community of Alaska.
There also needs to be laws to institutionalize these people who are historically dangerous. He hasn't been put in a center because everybody who has dealt with him turned him away because of money, laziness, or over worked personel...... but thats just my opinion.
This one falls directly on our own courts. The guy that shot Reagan was committed to a psych institute and he had stipulations attached, Downes should have made it a stipulation that if he is ever to be released from the institute that he would then have to come in front of the court not just evaluated by a bunch of doctors! The article states that he would have to sign a form "against medical advice" in order for them to proceed with charges, that is a bunch of malarky! If he is 'voluntarily' assigned to the facility, what is stopping him from walking out without signing that form? His word? This is a perfect example on how to get away with murder. Our courts need to be held accountable for this....
I'd like to see instances of self defense where the defender found it necessary to slit the throat of the attacker and stab them in the back.
I believe this man is a murderer, even if the court system does not. He might not be a murderer in some eyes, but he is certainly a killer, who has shown that he does not have the capacity to determine friend from foe. This killer should not be allowed to freely roam the street.
Daisy, Maybe the "definition" of murder doesn't suit you for this particular case, but the fact is, someone is now dead because of the intentional actions of Brian Galbraith. He has proven himself to be a danger to society over and over. ANYONE that commits murder has a mental disorder of some sort or another, but that doesn't mean that murder is excusable. I say if he wants to be released from the mental health facility, then he should be ... and placed directly into prison. Those are the choices unless you'd like to take him into your custody and be responsible for his actions.
Isn't the fact that he thinks he should be released proof of his insanity?
It appears that Judge Downes and Maile are doing what's required by the law. Our laws are created to protect all of us, including the minority. Sadly, they are consistently manipulated to protect the guilty.
I'm sure I'm not the only one who is tired of seeing violent criminals walk out of jails only to reoffend.
I would suggest "If you don't like it, change the law;" however, our state laws have to offer the minimum freedoms afforded by federal law. So, if you want to change the law, you've got to start with the federal process.
That requires legislators who are in touch with their communities and follow the will of the people--not just their own belief systems, their own egos, their own best interests or the best interests of their buddies. <Sigh>.
Anyone out there normal enough, honest enough, common sense enough, skeleton-free enough, hard working enough, and ethical enough to step up to the plate? I'm sure lots of us would sign up to be on your campaign team!
what in the sam hell is going on. you sentence a dealer to 30 years in the federal pen, and you send a crazy blank blank murderer to a glorified mental hotel with the possiblity of release. Dont come back here Brian!!! what is this world coming to??? do we not have the right as the sane and competent to roam free with our children and not fear that the sicko will slit our throats at work. this is a slap in the face to all that were involved with poor jenine.the end
These are the kind of stories that make me further lose confidence in our government and legal system.
I feel like I should be prepared with a hand gun when I leave my home now. What option do I have if these people are constantly making their way back on the streets? We need solutions.
Daisy, I think I read that this man quit taking his medication and has done so before. That seems to me that this is a willful act that led to murder. You seem so compassionate I'm sure you volunteer your time and money to help out the less fortunate among us.
I think that this man is dangerous and has shown proof that he is not capable of living a life out of jail or mental facilities. In order to protect the people, he should be where he can do no harm. I read one comment in here about the staff being overworked and the community here in Alaska is responsible for the womans death. Let me ask you something, Do you or have you worked with mental patients? I have, as well as drug addicts, your right money might be slim, and I might get tired but is that a reason to be killed? Even if the staff genuinely cares about the patient, how would you know unless you have been one? And how do you treat a patient that has the ability to kill you or dosen't even know where they are or who they are or that matter!!!
CONSIDER THIS: Given this man's past he should never have been placed in residential living. Do the lawyers, judges, doctors have any liability in the past envolvment with this man? And who will get sued, and I ask this because it's coming......
Daisy here is the definition of murder according to the dictionary:
Main Entry: 2murder
Function: verb
Inflected Form(s): mur·dered; mur·der·ing \ˈmər-d(ə-)riŋ\
Date: 13th century
transitive verb
1: to kill (a human being) unlawfully and with premeditated malice
2: to slaughter wantonly : slay
3 a: to put an end to b: tease, torment c: mutilate, mangle <murders French> d: to defeat badly
intransitive verb
: to commit murder
Brian took the life of a woman that everyday went to work to provide the assistance you feel that we as a society should give to the mentally ill! What medication are you on that makes you think that because Brain Galbraith is mentally ill he has the right to harm anyone? He refuses to stay on his medication and has a 3 DECADE history of unlawful acts against others! It is premeditated if he takes himself willingly off of his medications! He took a life and he should be treated the same as any other "sane person" that does the same murderous act towards another regardless of his "condition"!
Where is your bleeding heart for Genine Holznagel-Leary! You need to adjust your priorities!
WOW! I can’t believe this is really happening. And just to let all the readers know… Brian is at API and is on an open ward. This murder was premeditated!! Some don’t know this but he had been threatening Genine for weeks stating that he was going to slit her throat. After he murdered her (on her birthday!) he was smart enough to tell the police that he thought she was a bear! Do you threaten a bear for weeks that you’re going to slit HER throat? He knows the law and was smart enough to fulfill the State of Alaska legal definition of insanity. HE knew exactly what he was doing! The blood hadn’t dried and he was starting to formulate his defense.
What do we do when he comes back to Fairbank??? Greet him at the Airport and give him back his apartment where he killed Genine?? Might as well… right Daise518-97?? I mean you’re going to be there with your family to distribute his medication everyday…RIGHT?? If we actually wanted retribution or vengeance he would die gruesomely, painfully and in abject terror. We just want justice, and the security to be able to sleep at night.
Rest in peace my sweet Genine. I love you!
I only knew Genine-Holznagle-Leary for a short time. She was a tennant of mine when she passed way. She was the sweetest LADY!!! I am a Fairbanks resident of 25 years and I know of "Brian" the person who killed her. Brian has been in the papers for years on all accounts of his behavior. I incountered him many times in the public/work. I PRAY HE IS NOT RELEASED!! I HAVE 2 DAUGHTERS THAT LIVE IN FAIRBANKS!!!
REST IN PEACE
GENINE
Well...it looks like Brian is going to fall through the cracks of hour justice system....again (sigh). This sicken's me that he is going to try to get out of API without paying for his crime? It anger's me that the charges have been dropped. YOU LAWYERS.....WHAT IS GOING ON??????? And please...don't wait until the LAST MINUTE this time to take action IF he gets out of API.
If I were a female working in API of Anchorage, I would be
deadly afraid of this guy and his hatred for women.............
He is just biding his time; playing a game of cat and mouse,
waiting to strike. He has studied the system, got his
defense's in place and now let the games begin,
........... AGAIN.
I bet he is already torturing his next victim, in his sane
mind.
Come here my mouse!
Where are you............ ?
So, this guy was too crazy to stand trial, but apparently isn't crazy enough to stay in a lock-down? How exactly does that work?
thats exactly what i was thinking littlemiss.
If he gets out of API, he needs to go on trial. End of story.
The LEGAL definition of murder is different and it is distinct from manslaughter and such so they can match the right charge to the right crime. The roman lady wears the blindfold partly to represent that you can not have vengeful justice or the system is not fair and balanced. Our society has become so indifferent to people recieving fair treatment in the justice system. That poor women did not deserve to die but we all chose to ignore the reality of mental illness and let him run around. The judges, the health workers and the community who bitched that we aren't gonna pay for others health care and look what happened. Actions have consequences. You can twist what I say all you want but my opinion comes from sound judgment not blind emotions of lynching people. We have to address the problem with passing the buck or this will have more consequences. All your doing is murdering the criminal but your not fixing the problem. DUH
I am reposting my original post regarding this individual.....
Cudos to Superior Court Judge Robert Downes and Assistant District Attorney Jeff )'Bryant for declaring open season on mental health workers. With the dismissal of the murder charge against Brian Galbreath for the dealth of Genine you have just sent a message to every mental health client that it is OK to kill the people who have chosen to care for them.
This situation will snowball futher due to your decision.
Daisy, a comment to you. I have no idea who you are but given the tone of your note it appears that you have a very unrealistic view of life. In a perfect world things would be in fact as you describe them but as far as I know this isn't a perfect world. I take umbrage at your description of Mental Health Workers though. I have been working with clients for over 30 years and have had many many injuries due to my chosen profession. Given that fact, when was the last time you did anything to help a mental health client? Be that as it may. Just venting my frustration about talkers and not doers.
Honestly? The timing is just too convenient for this guy. Not guilty by reason of insanity doesn't mean you get to go free & have the lovely life that the victim never got to finish. I think a mental health facility (with lockdown) could best deal with him as he is by hos own admission, insane.
akjblizzard said:
> Isn't the fact that he thinks he should be released proof of his insanity?
I agree the man is absolutely crazy and should never be allowed in public again. But your argument doesn't make sense. What would it mean if he though he DID need to be institutionalized? It's like throwing an accused witch into a lake and only proclaiming her innocent of witchcraft if she drowns.
So long as there's no way for him to walk out of custody (with or without signing any papers) and he remains confined for the rest of his life, I'll be satisfied. If the court has already screwed up and given him a loophole to check himself out of punishment/rehabilitation then they need to find another loophole to keep him in there, pronto.
This was my comment from the article posted in April about Brian's dropped charges... How sad that I was right...
I worked at Fairbanks Community Behavioral Health Center with Geninie and she and I grew to be good friends. I too worked alone on shifts many times at the unit that Brian Galbraith resided. This is frightening and sad because that could have been me. That could have been any one of my other cherished colleagues, but he chose Geninie. She was a young, beautiful woman that did not deserve this terrible fate. She had a big heart and wanted to help Brian learn independant living skills so that he could live a "normal" lifestyle just like everybody else. What a great way for him to repay her kindness! I know that he had threatened her at least twice before he actually committed the crime! He told her exactly what he was going to do to her! Nobody took him seriously because he is "mentally ill." Look what happened. He commited violent crimes in the past as well and was told to follow his mental health treatment plan. Was this goal accomplished?
Geninie was one of the nicest, most caring people I have ever met. She would always put others before herself and bend over backwards to help somebody she didn’t even know. She was also the hardest working employee at that company if you ask me... You could always tell if she had been working, because the place would be spotless! The last time I remember talking to her was on the Friday before she was murdered. She was always in such a good mood and really brightened up a room when she entered. She was killed on her 32nd birthday, which she shared with my best friend, butterfliesinyourtummy. This year, her birthday was really not something to celebrate though. All day, the two of us, as well as others, I am sure, mourned for Geninie and remembered the times we shared with such a wonderful person. She was happily married and dreamed of having children of her own someday. We went to the place where Brian murdered Geninie and layed flowers down in the snow for her. We miss her so much.
This horrible crime should never happen to anybody, let alone somebody as wonderful and caring as Geninie. She was brutally killed by a man that is claimed to be "mentally unable to stand trial." There is no excuse for what Brian did to Geninie! He murdered her! When another FCBHC staff member arrived at the crime scene, Brian was standing over her body, limp in the snow, he looked at this staff saying, "Death is life Mother F*er and your next!" When the police found him in his blood-soaked apartment, he had her blood all over himself, followed by a trail of blood that lead to her body.
This man is extremely sick! He is being let off from being charged with this murder!
Continued...
Continued...
She must have been so terrified of him. I feel so bad that she had to go through such a horrible last experience in life.
Think about it. This is not a big city. This is Fairbanks, Alaska and stuff like this just does not happen here! This is like something you would see in a horror movie! It would take a "mentally ill" person to commit a crime like this in the first place, because nobody in there right mind could have accompished anything so brutal! This is what gets me the most! There are people that commit these crimes on a regular basis, but get sent to jail because they committed a crime.
Does that make them more sane than Brian? I don’t think so! They could not have possibly been in there right mind either!
I understand that mentally ill people have rights and that most mentally ill people will never commit crimes to this extent, but the people who do commit violent crimes like this need to be locked up forever! Brian Galbraith is a danger to society! He should have been convicted as the cold blooded killer that he is! Who cares if he is clinically diagnosed with a mental illness? He is a murderer! He victimizes people that are trying to help him! Once he is stable on his medications, he will be let free to roam the streets near our children and our loved ones. The last time he was "stablized on his medications" was a month before Geninie was murdered.
What a scary thought.
My vote is that we OFF Judge Downs at the next general election. He was on the side of the defense for too many years as an attorney and it has clouded his judgment in how to deal effectively with mentally handicapped (in whatever regard) individuals and protecting their rights and ours.
If Fairbanks Superior Court Judge Robert Downes declared Galbraith incompetent to stand trial, why did he declare him competent to reside in Anchorage? We have enough scum in Anchorage without getting imports from other locals. If Galbraith’s current residence at API is voluntary (it has been noted on this thread that he is in an open ward) did Downes let Galbraith off the hook for murder free and clear? I thank the News Miner for having this story available on line as I was unsuccessful in locating the story from my local paper – I just wish the News Miner had posted a picture of Galbraith with the story so that I might be able to identify this reject when he is released onto my streets. Wouldn’t be bad if there was a posted picture of Downes also – so if we ever saw him, we could thank him for his fine service to our community!
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