LOS ANGELES, Calif. — In an emotional pretrial conference early Wednesday morning, a felony assault case in a Los Angeles County courthouse was second-called after prosecutors challenged a defense request centered on the accused’s mental health treatment needs.
The accused man is charged with assault with a deadly weapon, with the weapon not being a firearm. He also has priors — one being a serious felony, and the other for one or more serious or violent felony convictions.
According to Deputy Public Defender Carlos Sanchez, the accused was allegedly involved in an incident in which he was attacked by two individuals while living as a transient, and a bottle was smashed over his head. The accused then responded by stabbing the attackers.
DPD Sanchez noted that the accused suffers from mental incapacitation and was evaluated by the Department of Mental Health on the morning of the hearing. Following this evaluation, the defense filed a letter requesting that the accused be referred to a locked facility, where he could receive treatment for his mental health needs.
Deputy District Attorney Mara McIlvain then explained to Judge Lauren Weis-Birnstein that the letter she received lacked sufficient detail. She further requested more information regarding the accused’s length of stay and terms of residency.
Following this request, Judge Weis-Birnstein cited the accused’s past, stating he has “absconded from parole before” and questioned, “How do we know he will stick with the program?”
In response, DPD Sanchez noted that the treatment plan has a minimum term of six months, with residency being provided if needed.
Amid a heated exchange between DPD Sanchez and DDA McIlvain, the accused asked to read a letter he wrote for the court.
“I have struggled in custody, but have taken honest and truthful steps to become a changed man. Acceptance into a program will be for the betterment of my mental health,” the letter read.
The defense further maintained its claim that releasing the accused to a locked facility program would ensure he not only receives treatment, but also remains in supervised custody. In doing so, the court would be acting in the best interest of the public, the defense held.
DDA McIlvain responded, stating six months is “just not enough time.” She further asked the court, “Why are we even talking about this?” and vigorously argued that the accused remain in LA County Jail, despite the absence of treatment for his known mental health issues.
Citing confusion in the proceedings, Judge Weis-Birnstein called for a continuance. The case was then second-called into the afternoon.
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