SAN FRANCISCO, CA – The prosecution moved to revoke a diversion offer here in San Francisco County Superior Court Wednesday, alleging the accused had missed required Assertive Case Management (AMC) meetings.
However, the AMC attendance report had been delayed, raising questions about the fairness of the motion, challenged the defense.
Court staff stated another judge had previously offered diversion to the accused, reducing his felony charges to misdemeanors upon completing one year of AMC meetings.
As part of San Francisco Pretrial Diversion Project, AMC facilitates treatment plans through providing supervision multiple times a week and offers assistance with substance abuse and anger management.
Deputy Public Defender Nuha Abusamra stressed the accused checked in with AMC last week and planned to do so again Wednesday.
Deputy District Attorney Karen Catalona motioned to request a jury trial under the allegations of missed attendance, but DPD Abusamra argued AMC took “months and months” to file the attendance report, making it unfair for the DDA to attempt to revoke diversion from the accused.
DPD Abusamra asked Judge Teresa Caffese for a few extra months in order to acquire the report, and guaranteed the accused’s continued AMC attendance.
DDA Catalona objected, arguing this was not the first time the accused failed to meet his obligation, requesting again a trial date. DPD Abusamra insisted all of the accused’s “positions have been met.”
Because DPD Abusamra only recently received the AMC reports, she objected to the motion for a trial date, and added she will file a Penal Code section 1050 motion, asking the court to postpone the trial date if Judge Caffese decided to set a trial date during this hearing.
Judge Caffese stated she “doesn’t buy” that the accused is doing what they are supposed to be doing, then referencing the lack of the reports in front of her. DPD Abusamra stressed once more that the reports for July to January attendance took months to file.
Judge Caffese agreed to grant the accused “one more chance” to report. If the report is not true to DPD Abusamra’s arguments and fails to indicate “one hundred percent attendance,” then Judge Caffese announced she will revoke diversion and continue to trial.
