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Drug led to nudity, lawyer argues

By Mary Lolli

Staff Writer

Wednesday, October 11, 2006

HAMILTON — A prescription medicine may be at the root of a Hamilton city prosecutor's nude walks through the Government Services Center last week, as well as his nudity in a traffic accident last year.

Attorney Scott Blauvelt, 35, remains on paid administrative leave while Hamilton city officials sort through a psychiatric report that concludes his behavior may have been the result of medication he was taking for bi-polar disorder and seizure control.

Extras

"This isn't some damned invention of a defense lawyer," said attorney Michael Gmoser, who is representing Blauvelt in disciplinary proceedings initiated by the city and criminal charges brought by the Butler County Sheriff's Office.

Blauvelt was arrested Monday on two misdemeanor counts of public indecency after security cameras captured footage of a nude Blauvelt walking around the Government Services Center the evenings of Oct. 4 and 5.

On Wednesday, during a predisciplinary conference with City Law Director Hillary Stevenson, Gmoser presented a letter from a psychiatrist who has been treating Blauvelt since 2005.

The psychiatrist, who Gmoser declined to publicly identify, "finally connected the dots on (Blauvelt's) unusual behavior."

In his letter, the psychiatrist wrote that Blauvelt was placed on a medication called "Lamictal" about two weeks before a 2005 car crash which left Blauvelt with brain injuries. Investigators found an injured and nude Blauvelt had been thrown from his car. His clothing was inside the car, Gmoser said.

Blauvelt's use of Lamictal was suspended while he recovered from his injuries. He was placed back on the drug about three weeks ago in order to control seizures he was experiencing as a result of the brain injury.

"That's the rub of this," Gmoser said. "Until these recent incidents in the Government Services Center, no one was able to connect the dots and explain why (Blauvelt) was found in the nude after his accident last year.

"It appears that all three incidents of Mr. Blauvelt walking about in the nude were brought about by his use of Lamictal," Gmoser said, quoting the psychiatric report.

According to pharmaceutical and medical Web sites, Lamictal, also known as Lmotrigine, was approved for distribution in the U.S. in 1994 as a treatment to reduce seizures or convulsions. In 2003, the Food and Drug Administration approved its additional use as a mood regulator for bipolar disorder.

Among the reported side effects of the drug are agitation, anxiety, concentration problems, confusion, depression, emotional instability, irritability, and mania.

Stevenson said she is reviewing information Gmoser provided Wednesday.

"I have five days from today to make a decision with regard to disciplinary action that may or may not be taken in this case," Stevenson said. That action could range from suspension with pay to dismissal.

In response to questions concerning Blauvelt's mental capacity while prosecuting cases for the city of Hamilton, Stevenson and Gmoser both said there likely would be no reason to review any cases.

"Ultimately, it's a judge or jury that renders decisions," Gmoser said. "Not the prosecutor or defense attorney."

Stevenson concurred.

Contact this reporter at (513) 820-2192 or mlolli@coxohio.com.

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