COURT WATCH: Judge Terminates Diversion after Hearing Reveals Financial Cost to Accused Prevented Attendance in Mandatory Program
LOS ANGELES- CA, MARCH 2: Los Angeles Superior Court Stanley Mosk Courthouse March 2, 2004 in Los Angeles Hills, California. (Photo by Frazer Harrison/Getty Images) *** Local Caption ***
LOS ANGELES- CA, MARCH 2: Los Angeles Superior Court Stanley Mosk Courthouse March 2, 2004 in Los Angeles Hills, California. (Photo by Frazer Harrison/Getty Images) *** Local Caption ***
By Xinhui Lin
LOS ANGELES, CA – A routine diversion hearing escalated into a termination of diversion here in Los Angeles County Superior Court last week, when Judge Lauren Weis Birnstein, knowing the accused had been six months late in his mental health treatment—allegedly because of the financial cost—abruptly ended the diversion without reconsideration.
Facing charges of brandishing a firearm in an incident involving a family in a car, the accused had been granted a mental health diversion on June 2.
The stipulations were explicit: completion of a 12-month anger management program aimed at addressing diagnosed post-traumatic stress disorder (PTSD) and anger management issues.
However, as of the day of the diversion hearing, the accused had only been to the treatment once.
After inquiring about the progress of the 12-month program, Judge Birnstein posed the pivotal question, “Has he completed the 12-month program?”
The defense tried to explain the financial constraints that hinder the accused’s regular attendance of mental health programs, noting the accused is still grappling with finding a stable job that includes insurance coverage.
However, Judge Birnstein, unwavering in her stance, “June 2, June 2 when I granted the diversion. I have been very patient. There is a limit to my patience.”
The defense further attempted to convey to the judge the accused’s financial hardships and commitment to attending other hearings.
Yet, the judge ended any prospect of leniency, stating, “I am no longer granting diversion. We are six months down the line and he has not done anything. I am terminating the diversion.”
The judge added, for emphasis, “That’s it. That’s it. I am not being Ms. Nice Guy anymore.”
With that statement, the diversion hearing came to an abrupt and conclusive end.
Xinhui Lin is a first-year student at the University of California, Los Angeles, pursuing a double major in Public Affairs and Sociology on a Pre-law track. Her unwavering commitment to addressing social injustices is deeply rooted in her cultural background and her personal experiences while growing up in Shanghai, China. Xinhui keenly observed the pervasive gender and racial inequalities, the subtle yet significant discrimination against minority groups, and the everyday micro-aggressions that disenfranchised individuals face. After exploring the philosophical question regarding the intricate relationship between power, morality, and justice, Xinhui kindled her interest in the intricacies of the criminal justice system – a cornerstone of society meant to epitomize principles of justice and fairness. Her commitment to understanding and improving this system is evident in her aspirations to potentially pursue a career as an attorney, with a strong desire to advocate for disadvantaged individuals.
