By Xinhui Lin, Estrella Torres and Vy Tran
LOS ANGELES, CA – At a pretrial here last Friday, a Los Angeles County Superior Court judge questioned the need for mental health diversion for an accused suffering from severe psychotic disorder and drug abuse.
Judge Katheryn Solorzano had initial skepticism in granting the accused treatment, but later in the hearing agreed to offer help to the accused, saying it is “not your fault.”
The accused was being charged with a felony of attempted murder against her mother. The alleged victim, according to Deputy District Attorney Emma Sanchez, cried to her in several calls how “she tried to kill her several times” and is “terrified of her.”
Despite the fear, the alleged victim wants the accused to get mental health treatment, stating she wants “the best for her daughter.”
Before the crime, the accused was released from hospitalization without any medication. A report from a medical expert explained the accused was “clearly psychotic at the time” and was “released too early.”
Deputy Public Defender Sonjia White argued the accused had “suicidal ideations with plans and intent to overdose on medication” but denies any kind of homicidal ideation and intent.
“It seems she was insane at the time she committed this crime,” Judge Solorzano said, agreeing with the statement.
However, Judge Solorzano was still hesitant to grant the accused mental health diversion, stating the accused potentially imposes “threat to public safety when treated in the community.”
Being wary, she cited past recent cases that dealt with severe psychosis.
“I just had a trial before this that dealt with someone with severe mental illness. Though I can’t say much because the jurors have yet to release their decision, the defendant allegedly stabbed the victim over 100 times and also put a pickaxe into another victim’s head. This is a very serious matter and the fact that she has a history of attempting to kill her mother worries me,” explained the judge.
The judge added that “female mental illness… tends to be underestimated,” implying that the accused may do the same.
Previous individuals who committed psychotic crimes cannot be controlled to stay in programs or guarantee they will follow treatment, said Judge Solorzano, adding, “How can you guarantee that she will also not walk away from the program?”
DPD White argued the accused “should not be judged on what other people have done, she should be judged on her case.”
“She has stayed clean from meth for five years now. This is a good sign…” Judge Solorzano mulled over.
On the other hand, DDA Sanchez suggested the accused could be put on probation and is a solution for Judge Solorzano’s dilemma.
“This is her first felony, and my client is relatively young,” DPD White explained. “Nobody had ever explained to her the extent of her mental illness.”
Mental health diversion would allow the accused to receive treatment in the community instead of serving a jail sentence. DPD White supported the motion by detailing that the accused had never been in a state of complete sobriety and proper medication until five months ago.
In these months, DPD White had seen “a change” in the accused, citing her stability and demonstrating that if she is treated properly, she would not pose a public risk.
The accused has been “proactive” in jail programs; “patient” with the process; “understands;” and she has not violated court orders, said the defense, adding, “She wants to get well.”
Judge Solorzano, after thoroughly exploring all the mental health treatment options DPD White and DDA Sanchez offered for the accused, relented. She turned to the accused directly to speak with her.
“It’s not your fault,” she offered condolences to the accused. “You will have to do this treatment indefinitely, for the rest of your life. You didn’t ask for it at all. However, there are many other people born with disabilities they had to endure since the beginning. You must overcome them. Do you understand that you must adhere to the program and can no longer use drugs and consume marijuana?”
“Yes,” the accused nodded with conviction, adding, “I did those drugs, and I realized it didn’t feel good… I didn’t want that anymore. The time I spent in jail, I realized I didn’t want that life. I want to stop for my mother and son.”
The court also decided assigning an ankle monitor in addition to granting mental health diversion would be the best path forward for everyone involved.
