Jail Holds Mentally Ill Homeless Man 17 Months, for Stealing a Soda

Edward Perez, a mentally ill homeless man, has been sitting in jail for 17 months after stealing a soda, a year longer than the maximum sentence for his crime.

Officials do not have any answers. Perez's judge, his court-appointed psychiatrist, his own attorney and even Lake County jail officials believed his release happened a year ago.

It wasn't until this month when incoming warden, Bennie Freeman, began a review of all inmates' files, that the mistake was uncovered, as reported by the Post-Tribune of Merrillville.

Perez, 22, was finally released on February 7, and relocated to a mental health clinic, according to Sheriff Roy Dominguez.

He has been held at the county jail since July 2, 2005, after allegedly taking a bottle of Pepsi from a Schereville, Indiana Wal-Mart. Perez was in the jail's medical wing during his incarceration.

A police report stated that before stealing the soda, Perez told some individuals that he had recently been released from jail and wanted to go back. He listed the state psychiatric hospital in Logansport, Indiana, as his current address.

The report referred to Perez as "Edward Hammer-Perez."

The court-appointed psychiatrist went to the jail in February 2006 to evaluate Perez, but was told he had already been released, according to Judge Sheila Moss.

"The jail told the psychiatrist Mr. Perez had served the maximum sentence possible for his crime, and had been released," Moss said.

The psychiatrist informed the judge of the supposed release, and she conferred with defense attorney Fred Flores, who also believed his client had been released.

Judge Moss has speculated that because Perez has been listed in some records as "Edward Hammer-Perez," he might have been jailed under one name, and his court file might have listed another name.

Mike Higgins, a sheriff's spokesman, explained that the jail kept Perez locked up because it never received a release order for him. Moss, on the other hand, never saw a reason to issue the order.