WOODLAND, CA – Although a request for mental health diversion was filed late—on the day of trial here in Yolo County Superior Court Monday—the judge decided to send potential jurors home and consider the defense request, despite the prosecution’s concerns.
The accused is facing a possession of drug paraphernalia misdemeanor charge and informed her attorney she is interested in a diversion program.
Deputy Public Defender Martha Sequeira provided the court a mental health diversion request Monday, explaining to the court the accused has been in custody since June 5, and had new insight.
The accused, the DPD said, has mental health and substance abuse, making the accused not only suitable but eligible under mental health diversion to be treated—DPD Sequeira stated her client wanted to take this opportunity.
DPD Sequeira guaranteed there would be no risk of a super strike from her client if she were to be treated and let out into the community, making it clear to the accused that granting this diversion program had a criminal attachment if she were to pick up another case while on the program.
Deputy District Attorney Preston Schaub responded to DPD Sequeira’s request by stating the accused was a heavy user and that there was an attempt to craft help at the beginning and the accused had previously shown no interest to be with the program.
DDA Schaub expressed concern because there was no proof from a qualified mental health professional on her mental health status, noting, “I don’t believe she has the capacity to be successful in a diversion program.” He further explained she posed a risk to herself and the community by providing access to controlled substances which can lead to death.
Judge David Rosenberg stated it was an unfortunate request coming on the day of the trial as there were 50 people gathered to serve on the jury and proceed with this case, stressing the request should have been made earlier, and there was also no written request available to the court or a plan provided to move forward.
But the judge said he was open to the idea and wanted to see a plan by the social worker.
DPD Sequeira responded, “I’d like to come back with a plan as soon as possible.”
Judge Rosenberg agreed, waived time, and vacated the jury trial. Matters were set for a plea on Aug. 9, with the accused in jail custody with bail at just $100.
