Ollerton v. Diamenti

The position of the defendant in this case is based on the fallacious assumption that Mr. Diamenti is held in the state hospital as a criminal and under criminal proceedings. The fact is otherwise. In a separate proceeding, which had no concern whatsoever with his guilt or innocence of crime, he was found to be incompetent and unable to stand trial; and was therefore committed to the state hospital for hospitalization and treatment, likewise unconcerned with his guilt or innocence of crime. He is presumed to be innocent. Insofar as criminality is concerned, his sta*901tus is no different than any…