Questions remain about inmate's health

Costs taxpayers more than $17,000 in less than three months

Charles Devlin, the alleged kidnapper with some health concerns, is tallying up an expensive medical bill while being held in Lake County Jail.

Since Devlin was arrested, he has run up a $17,816 medical bill which comes at taxpayer expense, according to a Lake County budget detail report. That includes a $12,877 Lifeflight to St. Patrick Hospital in Missoula, and four visits to St. Joseph Hospital.

Devlin, 57, was arrested in May after authorities found a half-naked, screaming woman in his van at Yellow Bay State Park. Court documents state that during his arrest, Devlin began complaining of chest pains, causing authorities to halt the investigation and transport him to St. Joseph's emergency room. According to court documents, a doctor determined that there was no evidence of heart problems.

From there, he was placed in the Lake County Detention Center where once again Devlin complained of heart ailments and was lifeflighted to St. Patrick's hospital in Missoula. However it turned out to be another false alarm, resulting in a misdemeanor count of obstructing a peace officer. He also faces charges of a DUI and driving without insurance.

Typically, all it takes is a complaint from an inmate before an ambulance is called in to determine if the inmate should be taken to the hospital, explained Chief Deputy Ed Todd, unless there is a standing order from a doctor, in which case guards are instructed to watch for certain symptoms before placing the call.

As for Devlin's health, Todd said "Obviously there is some concern because he does have some problems."

According to Devlin, those problems include angina and high blood pressure and other complications that stem from a triple bypass surgery he had about a year and a half ago when a stent was placed in his heart — a mesh tube that props open an artery to improve blood flow to the heart. Ever since the instrument was inserted, he has had sever chest pains, he explained in a private interview.

Devlin's alleged health problems are at the forefront of his case as his last two court appearances have largely dealt with his medical condition. Devlin has been known to clutch his chest and make small gasping noises upon leaving the courtroom, after a couple of his most recent court appearances.

On Thursday, Aug. 17, Devlin requested a reduction in bail through his attorney Ben Anciaux so he could seek treatment using his Veterans Benefits. Anciaux told the court that it is hard to talk to Devlin about anything other than his health.

"We end up talking about his medical condition almost exclusively," he said. "He believes his medical conditions are deteriorating on a daily basis."

Deputy County Attorney Mark Russell objected to the reduction, bringing up Devlin's history of bail jumping. Devlin had previously posted a $100,000 real property bond and failed to show up to two court appearances resulting in a revocation of his bond earlier this summer. He was eventually found camping in Lolo and apprehended by the U.S. Marshals fugitive task force.

Devlin spoke on his defense saying that he wanted to get issues of his health resolved and that bail jumping would be unlikely.

"If I try running off, I'm screwing myself," he said. "I don't want to go anywhere, I just want to take care of this thing."

Russell also objected to the reduction due to the fact that Devlin's VA benefits have been denied.

Judge Kim Christopher stated that she would consider a reduction if some evidence was presented proving his symptoms exist and can be treated.

Last Thursday, Devlin's health was brought up again during a hearing regarding whether or not he could see a family doctor. Devlin doesn't believe the Lake County Jail physician, Dr. Stephen Irwin, is doing an adequate job.

"He does not trust Dr. Irwin's opinion on this matter," said Anciaux to the court.

The state objected to Devlin's request on the grounds that it would pose security problems.

"We need to have a place for the buck to stop," said County Attorney Robert Long. "We need to leave this to the sound discretion of Dr. Irwin."

Judge Christopher agreed saying that it was not her wish to step over Dr. Irwin's judgment, but she did acknowledge the defendant's willingness to pay for his own medical care if he were to see his family doctor. Ultimately, she refused to rule on it as it wasn't properly presented to the court.

Devlin said he is experiencing "heavy withdrawals" resulting in blackouts. He claims he has passed out on several occasions, each time injuring his back. He also claims that his requests to see a doctor about his "pressure flashes" have been ignored.

"That's why I want to see my own doctor, the other doctor (Dr. Stephen Irwin) refuses to see me," he said.

According to Dr. Irwin, Devlin is currently getting blood pressure pills and receiving proper medical attention. For Dr. Irwin, the situation with Devlin is like a "deja vu experience." Twenty years ago, Dr. Irwin paid a visit to Devlin in Missoula County Jail at the request of Devlin's family who felt that he wasn't getting proper medical treatment there. It was very much the same situation, he explained — Devlin appeared to be fine and receiving good care.

"In the 20 years I've known him, his pattern hasn't changed," he said.

Irwin recognized that Devlin has coronary disease which does require medication and there was an oversight on the part of a health care pharmacy. As a result, an order of medications did not get delivered to Devlin.

"For some reason it did not get to him," Irwin said, but the problem has been corrected.

He speculates that Devlin "let this slide" for a month or so in order to create an issue. By complaining that he is not receiving proper medical treatment, he can argue for a bond reduction.

"He is a manipulator supreme," said Dr. Irwin, "a sociopath working the system every way possible."

As for Devlin's nearly $13,000 flight to St. Patrick Hospital, "There was nothing wrong, no coronary blockage," he said. "The last air flight did not shed any new light or suggest any new therapies."

Devlin complained of discomfort but there was nothing indicating that it was a cardiac problem like he thought was the case, Irwin explained.

Irwin said that the resulting air flight bill came as a considerable expense to the taxpayer. He explained that his job has two primary purposes, "One, to make sure he gets appropriate medical care and, two, make sure he doesn't rake taxpayers over the coals."

Irwin commented that the detention officers are well trained and will respond accordingly if Devlin appears to be having a medical issue. In the 10 years he has been a physician on call with the Lake County Jail there has been few serious medical crises, he said.

"That's a good track record for a jail," he said.

Devlin, on the other hand, maintains his innocence in any alleged faking of heart attacks, saying that a doctor found significant medical conditions with his heart when took a helicopter to Missoula. The reason why court documents state otherwise is because the prosecution wants to "discredit" him.

"It's the prosecution's goal to make me look bad," he said. "They twist everything to their way."

As for the charges pressed against him, Devlin's explanation is this: On the night of May 27, Devlin was in Bigfork eating at the Garden Bar when he stepped outside and noticed a girl passed out on a lawn getting drenched from the rain. He struck up a conversation with another girl and inquired as to who the passed out female was in the grass. She responded that it was her friend and that she drank too much. Concerned, Devlin told her that she should find some sort of shelter for her friend and offered his van as a temporaty refuge from the rain. Meanwhile, he'd go back to his food while she and her friends arranged more suitable shelter for their unconscious friend.

According to Devlin, upon getting back into his van, he noticed that the girl's friends simply left her in the vehicle. Her friends were nowhere in sight leaving him no option but to coax her awake so she could tell him where to take her. She was conscious just long enough to explain that her friends were at Yellow Bay State Park where they were having a bonfire and that is where she'd like to dropped off, Devlin claims.

He headed south on Highway 35, found the park, and attempted to back into it, and it was at that time when authorities spotted the van.

Devlin is convinced that if he had a chance to explain himself before the sever chest pains ensued, the officer would have let him go. As it was, things looked too suspicious, resulting in the charge of felony kidnapping.

He acknowledges that he has an extensive criminal background, much of which he says is the result from suffering with post traumatic stress disorder, which causes erratic behavior at times. He admits to being guilty of other crimes in the past, but these charges are "trumped up" and "inflated." He claims he suffers from post traumatic stress disorder from serving in Vietnam, in which he says he had more than 50 confirmed kills — and about half of them were children, he claims.

Devlin said he doesn't appreciate all the bad press he has been receiving since his arrest and is thinking about hiring a public relations professional to put him in a more positive light.

"This is the only time in my life when I am completely innocent of anything," he said.