WOODLAND, CA – Judge Sonia Cortés sided with the prosecution during a review hearing last Friday in Yolo County Superior Court, delaying an accused’s accessibility to treatment despite the defense argument the accused had already been granted a bed at Walter’s House.
Citing previous court proceedings, Deputy Public Defender Peter Borruso argued that “there was a decision to his (the accused) release status…as a bed available at Walter’s house,” urging the court to release the accused so they may be able to be a part of that program.
However, Deputy District Attorney Aloysius Patchen argued against the status of release, claiming that a Health and Safety Code section 11395 treatment plan should be followed instead.
DDA Patchen insisted that “it’s not that I don’t want treatment but I do not want that treatment. I want a different type of treatment procedure.”
Patchen explained the mandated process requires probation to refer the accused to “CommuniCare,” with supervised release and a six-week assessment. After that, the accused would decide whether to enter treatment or proceed with prosecution.
DDA Patchen, at the end of his argument, said “fundamentally the argument here is to do something similar to the treatment of 11395, but skirting it entirely,” essentially attempting to find the basis of his argument in 11395.
Moreover, DDA Patchen claimed it was his understanding “(the accused) does want treatment…just doesn’t want the treatment that is set into the law…”.
DPD Borruso emphasized parole’s position on the matter, stating parole is supportive of the release to Walter’s House, and can “help facilitate…support from the jail.”
While DPD Borruso requested to respond to DDA’s argument, Judge Cortés stated that it “sounds like (the accused) is facing two different matters. One is a new case, and the other is a violation of parole,” adding concern over the practical effects of each path, and noting, “I don’t have enough information in terms of what the difference would be.”
Though DPD Borruso maintained “it was that the court was actually satisfied with the information of release at the last court date.”
Judge Cortés responded it was a different judge, responding, “I wasn’t the judge” and couldn’t attest to what happened at the hearing.
DPD Borruso stressed the importance of releasing the accused to Walter’s House as the bed that was available could potentially be lost, stressing “if we keep pushing the issue, put it over two weeks, (the accused will lose the bed)…then (the accused)… has to go down a waitlist for 11395 anyway.”
DPD Borruso claimed pushing the case for two more weeks was a “non-sensible approach.”
DDA Patchen said in his argument the 11395 route is prescribed by the law and provides vital information on the accused previously not complying with medical treatment.
However, DPD Borruso argued the accused had done the ASANAS for Walter’s House, meeting the requirements. DDA Patchen responded they didn’t have that information.
Despite DPD Borruso’s concerns, the court decided to delay the treatment and set the matter for another hearing March 3, setting bail at $10,000.
