One woman has fought for years to answer the question even New York State Police wouldntor couldnt: Who killed her brother?”>
I just want to scream at the top of my lungs that you killed him! You killed him!
Joy Kucharczyk, 44, still seethes over the mysterious prison death of her brother, as well as her stifled quest for answers and justice.
Francis Kucharczyk was 44 when he collapsed from an overdose of a prescription anti-psychotic drug in a maximum-security New York state prisondoctors had prescribed the potent and potentially lethal medication, Olanzapine, to Frank in excess of the maximum daily dose recommended by the drugs maker, according to prison records.
No one was ever held accountable for Franks death, though it was investigated by the New York State Police.
Instead, according to internal State Police documents provided to The Daily Beast by Franks sister, Joy, the State Police recorded Franks death as natural despite a finding by the Dutchess County coroner that Franks death was caused by a lethal level of Olanzapine in his body.
The State Police never even told Joy the result of their investigation, or that they had closed it, she told The Daily Beast.
Joy pleaded for answers, in telephone calls, faxes, emails, and handwritten letters to police, the prison, and the state, but no answers ever came. Joy and her sister Dee Dee even went to the prison where her brother died, and asked to speak with the warden, but the warden ignored them. They sat for hours, waiting, until they left in frustration, and anger, they bitterly recall.
Finally, Joy sued, but the lawsuit was ultimately dismissed, on procedural grounds, without a trial, and Joy never found out who was responsible for her brothers death
Nobody listened, Joy said. They just didnt care. They all got away with it.
Francis Kucharczyk was born in 1961 to a large family that included a brother and six sisters. Everyone called him Frank. He was tall, athletic, and liked to take long walks by himself, sometimes for miles. As a teen, before school, he began to ask his mother Alice for peanut-butter-and-jelly sandwiches for lunch, then, instead of going to school, he would wander about, sometimes for miles, in solitary exploration.
They still had truant officers then, Joy said, and Franks repeated absences from school caught their attention. Eventually he was sent to the Lincoln Hall Boys Haven, a 150 year-old reform school. It didnt help.
Franks real problem wasnt volitional disregard for established rules and laws, it was his emerging paranoid schizophrenia, which wasnt diagnosed until his early twenties, according to Joy and Dee Dee and medical records provided by them to The Daily Beast.
But other than that, he was fun to be around, Joy said, We miss him. He was a good guy. He was a smart person. He just had that issue. And he was mistreated.
On New Years Eve 2001 Frank was arrested and charged with attempted robbery and assault.
The judge presiding over the case against Frank, Westchester County Court Judge Peter P. Rosado, ordered a psychiatric evaluation to determine Franks fitness to participate in criminal court proceedings. But the legally required evaluation is minimal, and requires merely that the accused has sufficient present ability to consult with his lawyer with a reasonable degree of rational understandingand whether he has a rational as well as factual understanding of the proceeding against him.
As is usual in many cases of incarcerated mentally-ill defendants, Franks evaluation was conducted by mental health professionals employed by the government.