On April 21, 1981, the Fourth District Court of Appeals of Ohio ruled on the judgment of the court that had sent Billy to Lima. It found that removing him from a less restrictive setting to the maximum-security mental health facility in Ohio, the Lima State Hospital, “without notice to that person or his family, without allowing the patient to be present, to consult with counsel, to call witnesses, or to in general advise him of or allow him the rights of a full hearing … is a fatal violation …and must result in the reversal of the transfer order and the replacement of the patient in his position prior to the unlawful transfer proceeding.”

Although the appeals court found this judicial error, they decided that the error was not prejudicial, since Milligan had a hearing in Allen County that “found upon what we must presume to be sufficient and adequate evidence that appellant, due to his mental illness, was a danger to himself and others …”

The appeals court, therefore, disagreed with Judge Jones’ actions, but would not return Billy to Athens. Goldsberry and Thompson have since appealed this decision to the supreme court of Ohio.

On May 20, 1981, six and a half weeks after the 180-day hearing, Judge Flowers handed down his decision. His court entry gives two explanations: First, “the Court in its decision weighs heavily upon States Exhibit #1 [the letter] and its interpretation by Dr. Lewis Lindners testimony. The Court finds this persuasive by a clear and convincing standard that William S. Milligan presently lacks accepted moral restraints, shows familiarity with the criminal sub-culture, and shows a disregard for human life.” Second, the judge found that Dr. David Cauls testimony, given in a deposition, “that he would be unwilling to accept Court imposed limitations” made the Athens Mental Health Center “less than adequate.”

Making no references to the other psychologists and psychiatrists who had testified that Milligan was not dangerous, Judge Flowers ordered continued treatment at the Dayton Forensic Hospital “as the least restrictive alternative available consistent with the treatment goals of the defendant and with the public safety.” Judge Flowers further authorized Milligan to submit to treatment by a Dayton psychologist (who had informed the judge earlier that she had no experience in the treatment of multiple personality)—“at his [Milligans] own expense.” This decision was handed down three and a half years from the time Billy Milligan had been arrested and brought before Judge Flowers; two years and five months after Judge Flowers had found him not guilty by reason of insanity.

Alan Goldsberry immediately filed an appeal and brief with the 10th Appellate District in Franklin County, Ohio, challenging Senate Bill 297 (the Milligan law) as a denial of equal protection of the law and a denial of due process, and therefore unconstitutional. He also argued that its application to Billy Milligan “retroactively” was a violation of the Ohio constitution’s protection against retroactive laws.

Billy did not seem bitter at the appeals court ruling against him, or at Judge Flowers’ decision. I had the impression he was weary of it all.