WOODLAND, CA – The defense here in Yolo County Superior Court last week argued the accused should receive military diversion instead of regular sentencing because of mental health and substance issues caused by years of military duty.
Judge Sonia Cortés eventually agreed, but had questions for the veteran. And the granted military diversion initially was met with argument from the prosecution before ending a long and drawn out court experience for the accused.
Defense attorney Christopher Parkhurst started his argument for military diversion, maintaining years of military service had given the accused anxiety and depression and, as reported from his court-mandated counselor, this depression and anxiety fueled his substance abuse.
Parkhurst stated that “we’d request that (the accused) continue his therapy via once a month session for the one or two year period” noting the accused would complete the ARTS program.
Judge Cortés then asked what this program was, and the defense attorney explained that it is a program through a VA hospital where veterans obtain group therapy with other veterans like themselves, dealing with substance abuse issues.
Though Judge Cortés granted the request for military diversion with little argument from the prosecution, just four days earlier the prosecution opposed the same request and, months ago, the request for military diversion was requested with the prosecution opposing.
On Sept. 20 of this year the prosecution requested time to respond to the request for military diversion and seemingly had no argument for opposing it.
However, the months of opposition delayed the process for the accused to get help, noted the defense.
The motion granted by the court now allows the accused to be on military diversion for 12 months after the defense pushed past the prosecution’s requests continuances and objections.