THE COURT: This is cause number 300536-P-CC, a matter in the interest of Katherine Garrett. Before the Court is a petition for a twenty-one day involuntary detention and treatment, and further a petition for court ordered electroconvulsive therapy.

The Petitioner is South Pointe Hospital here represented by Mr. Timothy Finnegan, Assistant Circuit Attorney. Let the record reflect that the respondent, Ms. Katherine Garrett, is present in person and at this point is represented by Mr. Blair K. Drazik, Attorney at Law. Previously she was -- Ms. Garrett was represented by Ms. Pricilla Price by court appointed attorney by this Court, who has since the entry of Mr. Drazik, she will withdraw as attorney for Ms. Garrett.

Is the Petitioner ready to proceed on these petitions?

MR. FINNEGAN: Petitioner is ready to proceed, Your Honor.

THE COURT: Mr. Drazik, are you ready to proceed on behalf of Ms. Garrett?

MR. DRAZIK: Yes, Your Honor, but previous to the hearing of the evidence, we would like to move to dismiss the petition on the grounds that if the facts therein are proven to be true, it would constitute a violation of the due process clause of the 14th Amendment of the United States Constitution in that it would allow the State to determine the best medical treatment for this lady, thereby depriving her of the right to bodily self determination. And so for that reason, we believe even if the ground as proven in the petition are proved to be true, that even in that event, it would be an unconstitutional deprivation of her right to liberty and unconstitutional intrusion of the due process clause to do the electroconvulsive therapy.

THE COURT: Your motion goes to the petition for a court ordered electroconvulsive therapy?

MR. DRAZIK: Correct. We -- our constitutional argument does not go to the commitment portion of the petition. Only to the electroshock therapy, in that deprives her of her right to bodily self determination as secured by the 14th Amendment of the United States Constitution, since it's the State who is attempting to take that from her.

THE COURT: Okay. Thank you, Mr. Drazik. Before we begin with the hearing - -

MR. DRAZIK: Your Honor, for the record further, even if the petition does state a claim, we would ask that the Court construe the language of the statute and the law if it could be done so that's consistent with the due process as possible by making the least intrusion as possible into the right to - -

THE COURT- Your motion to dismiss is overruled. Your second request or motion will be considered by the Court. Anything further before we begin?

MR. DRAZIK: No, Your Honor.

THE COURT: Mr. Finnegan, you may call your first witness.

MR. FINNEGAN: Thank you, Your Honor. Petitioner would call Dr. Mofsen.