No one contested the fact that Scott Weinberg has a serious mental illness. No one disagreed that he could also be a wonderful father, friend, doctor and contributing member of society. That is, when he is taking is medication. People sharing this point of view included the Contra Costa County Superior Court judge who sentenced the former Walnut Creek optometrist to four years in state prison.

Judge John T. Laettner agreed with defense claims that Weinberg, 53, would not have set fire to three downtown businesses in September 2009 if he wasn't in the throes of the mania that comes with his bipolar disorder.

"There is no question that he has bipolar disorder and that it was a factor in this case, a major factor," said Laettner. But Laettner pointed out that a jury in October found Weinberg to be "legally sane," so legally his mental illness can't excuse him from any punishment for the fires at the Comcast offices on Arroyo Way, or at a bank and a fast food restaurant. 

Laettner also said he wasn't inclined to give Weinberg probation. Weinberg's history of bipolar disorder and of going on and off his medication goes back three decades.

Laettner pointed out that Weinberg has so far shown an inability to stick to his treatment, despite losing two marriages and jobs, and that Weinberg's illness escalated to the point in September 2009 where he committed crimes that didn't just damage property but could have caused serious injury to firefighters and patrons at the Wendy's, where Weinberg started a Dumpster fire during his 36-hour spree. 

"His bipolar disorder is severe," Laettner said. "Yet, I must also be concerned with the safety of the community." Laettner agreed with the assessments of Weinberg's friends, family and attorney--that he can be "two different people. He's Dr. Jekyll and Mr. Hyde"--depending on whether he's on his medication or not. 

Weinberg's case points to the many ways that a mental illness, such as bipolar disorder, challenges individuals, families and the legal system. 

In a letter to Laettner, Weinberg expressed "utter remorse for the reckless and disastrous events and behavior" that led to his arrest and conviction on three counts of arson and one of resisting arrest.

"One thing I want to make clear to you is that at no point did I plan or consider causing harm to any other person," Weinberg wrote. He acknowledged that his actions put the public and firefighters at risk. "After this experience, I am now fully aware of the absolute need to remain compliant with my prescribed medications for treatment of my bipolar condition. The consequences have been far too great to ever consider discontinuing treatment or medication." 

Friends and family describe Weinberg as a compassionate, unselfish, and loving person.

 "Those of us who knew Scott well know that he is truly a good person," said his longtime friend Howard Purcell, who spoke at Friday's sentencing. Weinberg's first wife, Liora Brehm, who lives in South Africa, said, yes, she and her ex-husband had their differences but she emphasized that he was always a nurturing, involved father who helped raised two mature, smart, and strong sons, 22 and 20. 

Bipolar disorder is characterized by severe mood swings. For Weinberg, it caused him to crash into depressions that would keep him in bed for days at a time but would push him into manic states that would make him irritable, disorganized, paranoid and, at times, psychotic, according to a psychological evaluation prepared for his sentencing. 

Weinberg told Danville psychologist John Kincaid that his illness and the behavior leading to his arrest had put him so far away from "who I am and who I'd like to be."

Kincaid said he previously saw Weinberg in 2005. That year, Weinberg was hospitalized several times. Kincaid noted that Weinberg had a poor history of not complying with treatment.

At the same time, according to Kincaid's report, the various combinations of medications were not always effective--they didn't stop Weinberg  from slipping into depression or mania.  Certain medications could also have debilitating side effects.

Weinberg also was using marijuana. Weinberg's attorney, as well as experts in mental illness, say that patients often self-medicate with street drugs or alcohol. Sometimes, they find that the prescribed medications don't work for them, or their illnesses cause them to believe they are mentally healthy and don't need treatment--though they think marijuana, alcohol or other drugs are acceptable ways to take the edge off symptoms. 

Between 2005 and 2009, Weinberg tried different medication combinations, went off medication, was hospitalized at UC-San Francisco's Langley Porter Neuropsychiatric Institute and continued to use marijuana.  Weinberg's brother became conservator over his property and made repeated requests for police to check on his welfare or to have him involuntarily committted.

But Weinberg, for whatever reason at various times, apparently didn't meet the criteria for an involuntary commitment. The 5150 section of the California Welfare and Institutions Code allows a qualified officer, such as a police officer, or a clinician to involuntarily confine someone with a mental illness if that person is seen as a a danger to himself or others.  

Kincaid describes how Weinberg's illness escalated to dangerous levels in September 2009.

"Weinberg's criminal acts were the product of the madness he descended into over a period of several months in 2009," wrote Forsythe, his attorney.

On Sept. 7, 2009, Weinberg reportedly attempted to steal a landscape statue from a Walnut Creek neighborhood and had to be "Maced." At the time, Weinberg could not explain why he was there and "appeared to be disoriented," Kincaid wrote.

On Sept. 19, a Walnut Creek resident reported a small fire in a wheel barrow in his driveway, saying the suspect--Weinberg--had been acting strangely and starting small fires.

Though wanting to protect his client from being "warehoused" in a state prison, Weinberg's attorney wasn't surprised that his client didn't get probation. While Forsythe argued for probation, he noted the compassion of the judge and prosecutor who didn't seek the maximum nine-year term.

In fact, Forsythe acknowledged that having his client go to state prison was, unfortunately, one way to see him end up in a hospital, because of a particular way the law works in such cases with mentally ill offenders. 

Forsythe succeeded in getting Laettner to agree to have his client sentenced as a mentally disordered offender.

This means that when it comes time for Weinberg to be paroled, he will first have to undergo an inpatient evaluation by the state Department of Mental Health before he can be released into the community and receive treatment on an out-patient basis.