WOODLAND, CA – During a review hearing this week at Yolo County Superior Court, the accused sought to maintain his mental health diversion and re-enter substance abuse treatment, but the county prosecutor opposed that plan.
Deputy District Attorney Aimee McLeod cited the accused’s relapse into using drugs to cope with strenuous circumstances as grounds for terminating his mental health diversion and reinstating criminal proceedings.
The accused faced charges of assault, threatening, and enhancements for prior convictions and “habitual criminals,” prior to diversion.
The accused, who was granted mental health diversion to enter treatment for his struggles with substance abuse disorder, had previously graduated successfully from a short-term treatment facility, and was on track to attend and complete a long-term treatment plan with CityTeam in Oakland.
But, in the last hearing, DDA McLeod noted concerns about the accused’s non-compliance with court terms, citing those of his supervised own recognizance, and convinced the court to set a termination review hearing.
Probation Dept. Officer Noe Lopez, who had previously worked with the accused in his mental health diversion and supervised own recognizance, testified in court the accused was at first placed in Walter’s House, and that during his start of a long-term treatment at CityTeam he had left of his own accord.
Lopez added that, while the accused had called to report a dead GPS monitor, he admitted to relapsing, and visited a sick family member.
Deputy Public Defender Joseph Gocke then called a substance abuse counselor from Walter’s House, who had specifically worked with the accused. During the direct examination, it was reported the accused never had issues with the other clients, but rather struggled with anger issues against himself—he was, according to the counselor, “his own worst enemy.”
DDA McLeod later noted the accused’s early graduation from Walter’s House, after about 60 days of treatment, when the court specifically ordered 90 days. Within the previous hearing, DDA McLeod referred to this early graduation as “suspicious,” and raised his early graduation as a concern during this proceeding, as well.
The substance abuse counselor replied to this concern, stating that graduation from the treatment facility exclusively occurs for those who have completed all aspects of their treatment.
It was later argued by DPD Gocke the accused has only been eager to recover; when he relapsed, he self-admitted before testing, and told his probation officer when he relapsed and couldn’t enter a treatment facility.
According to DPD Gocke, the accused relapsed into drug usage in order to cope with the stress of the health of a very important family member, and that outside of this he was committed to entering another treatment facility after his graduation from Walter’s House.
Judge Samuel T. McAdam questioned both the attorneys as to why the accused was never placed in Drug Court, and while DDA McLeod responded he never applied for it, DPD Gocke stated his case wouldn’t have been accepted.
When McAdam asked if the accused had a case manager, DPD Gocke responded, stating the accused had moved counties, and that his former case managers with MediCal did not transfer over, and he would’ve had to restart the process to acquire new case managers.
Judge McAdam ruled the prosecution failed to provide sufficient grounds for termination, describing its reasoning as “circular,” and emphasized the accused had demonstrated a willingness to recover and would be given another opportunity to comply with treatment terms.
The judge reiterated the proof of the accused wanting to get better, and the accused would be placed back on supervised own recognizance, re-enter treatment, and the next review hearing will take place April 17.
