Yavitch disagreed.

“I will take that motion under advisement,” Judge Flowers said. “I know similar motions where amendments have been made—specifically, the new criminal code, for example. I know in most instances they have held, almost without exception, that the defendant is entitled to the better of the acts as to one way or the other. But I know of no decision or court cases in that regard.”

On the way out of the courtroom, Schweickart told Yavitch and Sherman that he intended to waive jury trial on behalf of his client and was asking Judge Flowers to hear the case.

As Schweickart walked off, Yavitch said, “There goes our case.”

“Not as locked up as it looked at the beginning,” Sherman said.

Judge Flowers later said he felt that the prosecutors, in agreeing to accept Dr. Hardings report but not agreeing that Milligan was insane, had “put the monkey on my back.”

Back at the Franklin County Jail, Gary and Judy noticed that once again Billy had become depressed and was spending most of his time drawing and brooding. The increasing publicity was bothering him. As the days went by, he spent more and more time sleeping, withdrawing from the cold, bare surroundings.

“Why can’t I stay at Harding until the trial?” he asked Judy.

“It’s not possible,” she told him. “We were lucky the court gave you the seven months there. Just hold on. The trial’s less than two months away.”

“Now, you’ve got to keep yourself together,” Gary said. “I have a strong feeling that if you stand trial, you’ll be found not guilty. If you break down and can’t stand trial, they’ll send you to Lima.”

But one afternoon, one of the guards watched Milligan lying on his bunk, drawing with a pencil. He looked down through the bars and saw the sketch—a Raggedy Ann doll with a noose around its neck, hanging in front of a shattered mirror.

“Hey, why’re you drawing that, Milligan?”

“Because I am angry,” came the deep Slavic accent. “Is time for someone to die.”

The guard, hearing the accent, quickly hit the alarm button. Ragen just studied him in mild amusement.

“Now, just back up slow there, whoever you are,” the guard said. “Leave the drawing on the bunk and back up against the wall.”

Ragen obeyed him. He saw the other guards now crowding around the bars of the cell. They unlocked the door, quickly came in, grabbed the drawing and slammed the door shut again.

“Jesus,” said one of the guards, “that’s a sick picture.”

“Call his attorney,” someone said. “He’s cracked up again.”

When Gary and Judy arrived, they were met by Arthur, who explained to them that Billy had never been totally fused.

“He is sufficiently fused, however, to go to trial,” Arthur assured them. “Billy now understands the nature of the charges against him, and he can cooperate in his own defense. But Ragen and I have stood apart. As you can see, this is a hostile place and Ragen is dominant. But if Billy isn’t moved from here to a hospital, I can’t guarantee that he’ll stay even partially fused.”