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While
waiting
to
hear
his
fate
,
Allen
spent
most
of
his
time
at
Dayton
working
on
a
painting
for
the
cover
of
this
book
.
He
planned
to
send
the
editor
several
sketches
to
choose
from
,
but
one
morning
he
awoke
to
discover
that
one
of
the
children
had
come
out
while
he
was
asleep
and
scribbed
over
the
sketches
with
orange
crayon
.
On
the
morning
of
the
assigned
deadline
,
Allen
worked
furiously
and
finished
the
desired
oil
painting
on
time
.
On
April
21
,
1981
,
the
Fourth
District
Court
of
Appeals
of
Ohio
ruled
on
the
judgment
of
the
court
that
had
sent
Billy
to
Lima
.
It
found
that
removing
him
from
a
less
restrictive
setting
to
the
maximum
-
security
mental
health
facility
in
Ohio
,
the
Lima
State
Hospital
,
"
without
notice
to
that
person
or
his
family
,
without
allowing
the
patient
to
be
present
,
to
consult
with
counsel
,
to
call
witnesses
,
or
to
in
general
advise
him
of
or
allow
him
the
rights
of
a
full
hearing
is
a
fatal
violation
.
.
.
and
must
result
in
the
reversal
of
the
transfer
order
and
the
replacement
of
the
patient
in
his
position
prior
to
the
unlawful
transfer
proceeding
.
"
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Although
the
appeals
court
found
this
judicial
error
,
they
decided
that
the
error
was
not
prejudicial
,
since
Milligan
had
had
a
hearing
in
Allen
County
that
"
found
upon
what
we
must
presume
to
be
sufficient
and
adequate
evidence
that
appellant
,
due
to
his
mental
illness
,
was
a
danger
to
himself
and
others
"
The
appeals
court
,
therefore
,
disagreed
with
Judge
Jones
actions
,
but
would
not
return
Billy
to
Athens
.
Goldsberry
and
Thompson
have
since
appealed
this
decision
to
the
supreme
court
of
Ohio
.
On
May
20
,
1981
,
six
and
a
half
weeks
after
the
180
-
day
hearing
,
Judge
Flowers
handed
down
his
decision
.
His
court
entry
gives
two
explanations
:
First
,
"
the
Court
in
its
decision
weighs
heavily
upon
States
Exhibit
#
1
(
the
letter
)
and
its
interpretation
by
Dr
.
Lewis
Lindners
testimony
.
The
Court
finds
this
persuasive
by
a
clear
and
convincing
standard
that
William
S
.
Milligan
presently
lacks
accepted
moral
restraints
,
shows
familiarity
with
the
criminal
sub
-
culture
,
and
shows
a
disregard
for
human
life
.
"
Second
,
the
judge
found
that
Dr
.
David
Cauls
testimony
,
given
in
a
deposition
,
"
that
he
would
be
unwilling
to
accept
Court
imposed
limitations
"
made
the
Athens
Mental
Health
Center
"
less
than
adequate
.
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"
Making
no
references
to
the
other
psychologists
and
psychiatrists
who
had
testified
that
Milligan
was
not
dangerous
,
Judge
Flowers
ordered
continued
treatment
at
the
Dayton
Forensic
Hospital
"
as
the
least
restrictive
alternative
available
consistent
with
the
treatment
goals
of
the
defendant
and
with
the
public
safety
.
"
Judge
Flowers
further
authorized
Milligan
to
submit
to
treatment
by
a
Dayton
psychologist
(
who
had
informed
the
judge
earlier
that
she
had
no
experience
in
the
treatment
of
multiple
personality
)
"
at
his
(
Milligans
)
own
expense
.
"
This
decision
was
handed
down
three
and
a
half
years
from
the
time
Billy
Milligan
had
been
arrested
and
brought
before
Judge
Flowers
;
two
years
and
five
months
after
Judge
Flowers
had
found
him
not
guilty
by
reason
of
insanity
.
Alan
Goldsberry
immediately
filed
an
appeal
and
brief
with
the
10th
Appellate
District
in
Franklin
County
,
Ohio
,
challenging
Senate
Bill
297
(
the
Milligan
law
)
as
a
denial
of
equal
protection
of
the
law
and
a
denial
of
due
process
,
and
therefore
unconstitutional
.
He
also
argued
that
its
application
to
Billy
Milligan
"
retroactively
"
was
a
violation
of
the
Ohio
constitution
s
protection
against
retroactive
laws
.