WOODLAND, CA – Judge Daniel M. Wolk of the Yolo County Superior Court Friday here in Yolo County Superior Court decided an accused was not eligible for mental health diversion, despite arguments made by Deputy Public Defender Michael M. Rooney showing a demonstrated need for treatment.
The accused is charged with multiple counts of an intent to terrorize, stalking and a violation of a protective order.
Prior to the hearing, DPD Rooney submitted a motion asking for a mental health diversion for the accused because his diagnosed bipolar disorder was improperly treated.
Deputy District Attorney Alvina Tzang argued the accused is ineligible for mental health diversion because his bipolar disorder was not a significant factor in committing the offenses, and there is no proof that the accused will respond to the treatment.
DDA Tzang quoted the accused as saying in a probation interview that he “let the anger get the better of (him),” and then arguing this is an anger issue and has nothing to do with bipolar disorder.
Additionally, DDA Tzang submitted transcripts from previous court hearings to demonstrate that the medications the accused used were not working. DDA Tzang emphasized the accused’s bipolar disorder was said to have been in remission when he sent threatening letters to the alleged victim.
In a quote from a doctor, DDA Tzang stated, the accused was “not exhibiting any hallucinations or delusions.” Based on this information, DDA Tzang insisted the accused was not eligible for mental health diversion.
DDA Tzang further asked that if the court did find the accused eligible, he should be refused diversion because he posed a safety risk to the community.
Finally, DDA Tzang claimed the accused was not capable of being in charge of his own care, as he had previously violated court orders, and, when released on parole, he did not go to parole meetings and instead sent threatening letters to the alleged victim.
DDA Tzang questioned, “Why would we believe a defendant who’s been given numerous opportunities to change his behavior, to get the help that he needs, yet he failed.”
DPD Rooney countered these arguments by stating the accused’s diagnosis was clear and had been confirmed multiple times. The most complete diagnosis had been provided by a doctor, who stated “it is clear his untreated bipolar 1 disorder…was a significant factor that contributed to his illegal behavior.”
DPD Rooney emphasized the problem was the lack of psychotherapy treatment provided to the accused.
Instead, he stated, the accused had been in and out of facilities with multiple changes to his medication routines. According to DPD Rooney, it takes one to two months to adjust to these medications, explaining the seeming lack of effect on the accused.
Further, DPD Rooney stated the accused had not committed “one iota of violence” out of custody, and rather had a nonviolent character.
DPD Rooney went on to quote the same doctor as saying the accused was “a classic example of an individual who was highly productive and successful most of his life until life stressors triggered bipolar 1 disorder, manic with psychotic features.”
DPD Rooney used this to emphasize the need for psychotherapy that would help the accused recognize and address those triggers.
Looking at the accused’s medical history, DPD Rooney emphasized that adequate care had not been provided by the accused’s primary doctor, and treatment had been non-existent prior to the accused being in custody.
DPD Rooney assured the court that the accused could be monitored to ensure he was going to treatment sessions and taking medications. He stated that, without treatment, the accused had a risk of reoffending.
Judge Wolk, after hearing both arguments, decided the accused would not respond to medications, and posed a significant threat to the community. He also found no evidence the accused’s bipolar disorder influenced him in committing the offenses.
Judge Wolk denied the motion, finding the accused ineligible for mental health diversion. A trial is scheduled for Dec. 9.
