Widow fears husband's killer will escape from mental health center

In the 15 months since her husband's killer was found not guilty by reason of insanity, Barbara McNally has feared two things: That James Masino would escape from the Elgin Mental Health Center and that he would somehow make his way to her family's Bartlett home, located about 10 miles and one train stop from Elgin.

On Sept. 19, a killer escaped from the Elgin facility and was picked up several hours later in Bartlett.

It wasn't Masino. The escapee was a Chicago man named Maikobi Burks, found not guilty by reason of insanity for the 1993 murders of his parents and sister.

McNally said the incident justified her concerns and confirmed her fears: that an EMHC resident acquitted of a violent crime by reason of insanity could escape and potentially pose a threat to the community.

"It's not about placing blame. It's about what we can do to prevent this," said McNally, who also said she's heard unofficially that Masino had been transferred from Elgin's medium security facility to the maximum security facility in downstate Chester. State officials decline to discuss specific residents of such facilities and declined to say where Masino was being housed.

Bartlett Police Chief Dan Palmer echoed her concerns. Palmer, who confirmed Burks' identity, worries for the safety of his residents and his officers who might unknowingly confront an escaped patient who may be unstable or violent. He said that's why prompt police notification of any escapes or "walkaways" is crucial.

However, Palmer said Bartlett police were not immediately notified of the Elgin walkaway, which was discovered at 8:22 a.m. Sept. 19 after mental health center staff members noticed a patient missing, along with a key.

"The patient escaped at night when staffing is limited," said Tom Green, a spokesman for the Illinois Department of Human Services who responded to Daily Herald inquiries via e-mail.

An internal investigation determined the individual left the facility about 4 a.m., said Green, who declined to name the person, citing patient confidentiality.

The patient "acquired a key from the nurse's station that had not been returned to its secure location," said Green, whose agency refers to such incidences as "elopement events."

Burks was assigned to the Elgin facility's forensic unit, which provides court-ordered treatment in a secure setting for people found unfit to stand trial or not guilty by reason of insanity. In the 10 years since the unit moved to its new building, there have been a total of three escapes, including this one, Green said.

The latest incident prompted several changes, he said. Before the incident, security, therapy aides and nurses could open unit exit doors. Now only security officers can open those doors, Green said.

Before the incident, staff used two sets of keys, Green said.

"One was in a locked box in the medication room. The other key was left in an unlocked box on the counter in the nursing station for the staff to use," he said.

"Since the incident, there is only the key in the locked, wall-mounted box in the medication room," Green said. That box "is outfitted with a new tamper-proof, audio alarm."

A buzzer on the unit exit door sounds when the door is opened, and the center has installed new photosensitive lights in the courtyard, Green said. Locks on the exit doors have been replaced with new ones requiring two different keys to open. The nurse's station has been modified so that staff members can better observe the patients. Security officers have increased checks, and staff members will undergo additional training.

The individual who escaped was captured and returned to the unit, Green said. He has since been transferred to another mental health facility.

Burks has been allowed to leave the Elgin center before. He requested, and the court granted him, unsupervised, off-ground privileges in August 2007. The court denied a November 2008 petition for his conditional release. On June 15 of this year, Burks petitioned the court for a transfer to a nonsecure setting, but that request was withdrawn Sept. 29, 10 days after the Elgin escape.

When a patient escapes, security immediately notifies Elgin police, Green said. Elgin alerts local police departments and the Illinois State Police, who then alert agencies statewide through two different notification systems.

Palmer said his department knew nothing about Burks until a village resident called about a suspicious person. Officers found Burks wandering in a private yard on the village's west side. He appeared to be lost, Palmer said. Because nothing indicated he had committed a crime, the officers had no reason to arrest him.

Burks asked to leave, saying he wanted to take the train, and police drove him to the Bartlett station, Palmer said. After learning of the escape, officers returned to the station and took Burks into custody, Palmer said.

"In my estimation, (the escape) probably shouldn't have occurred as easily as it did," Palmer said. "We've had a lot of questions, and we're waiting on some answers. We're hopeful they will come soon. I think (Elgin officials) understand how serious it was."

Notification was an issue, said state Rep. Randy Ramey, whose 55th District encompasses portions of Bartlett, Hanover Park, St. Charles, South Elgin and Wayne.

"There was a breakdown," Ramey said. "There is an ongoing investigation into how that went down. They're looking to tighten up that security issue."

Elgin Mayor Ed Schock said he feels the mental health center has appropriate safeguards to protect the community.

"The instances are so rare of someone escaping that one would have to conclude that the security is pretty good," he said.

McNally remains unconvinced.

The Illinois Department of Human Services determines where patients subject to court-ordered treatment are assigned. Masino - whose fixation with McNally's husband, Jim, led to the murder of the stay-at-home dad described as "everybody's friend" - was assigned to Elgin.

That was too close for comfort for McNally, who fears if Masino is ever released or if he escapes, he might pose a threat to her children. She initially requested he be treated at Chester, hundreds of miles away from her family. State officials disagreed and reportedly sent him to Elgin.

Burks' escape has McNally renewing her efforts to make sure such killers are not placed at a facility located only a few miles from the families they victimized.

McNally had previously pushed for a law allowing victims and family members to read victim impact statements at commitment hearings for defendants found not guilty by reason of insanity. Gov. Pat Quinn signed the bill, which McNally dubbed "Jimmy's Voice," into law in August.

Ramey co-sponsored that proposal with Sen. John Millner, a Carol Stream Republican, and they plan to introduce the second bill in January.

Currently, DHS decides placement based on the defendant's medical needs and the proximity of the facility to the defendant's family, Ramey said. A new law would also take into account the proximity of the victim and his or her family to the defendant's treatment center.

"We need to be cognizant of the victims," Ramey said. "We are enhancing the law so they have that voice."