Notes

Warning This Section Does Contain Spoilers

The magazine article relays what we have been hoping and thinking should happen all along. Dr. Kohler is under suspicion and under investigation for malpractice and possibly could lose his medical license. The same reporter that wrote the expose on Penny from last episode, Julie Ruhl, wrote this same article on Dr. Kohler. She seems to genuinely be on Penny's side and doing investigative work to help her. Apparently another Listening Friend at the Boise, Idaho facility filed a complaint when her patient relayed repeatedly that he was misdiagnosed and wasn't being listened to by the doctor. They were moving him to a section for more troubled patients even though he felt like he was completely sane and that he was not diagnosed properly and he was pleading for help. His Listening Friend, Pamela Han, finally couldn't stand it anymore and turned Dr. Kohler in to the Idaho State Board of Psychology. Julie tried to find out more information on what is happening to the patient but could not get any information out of the Boise facility and the only statement they would issue about Dr. Kohler was that his employment was terminated. 

This could have positive indications for Penny getting a new trial, depending on the outcome of Dr. Kohler's malpractice suit.

The magazine article has a picture of Dr. Kohler and a caption that tells us he has written a book about the Mc'Naghten Rule. The Mc'Naghten Rule is the jury instructions for an insanity defence. The Mc'Naghten Rule states:

"...the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong."