By Xinhui Lin
LOS ANGELES, CA – A routine diversion hearing escalated into a termination of diversion here in Los Angeles County Superior Court last week, when Judge Lauren Weis Birnstein, knowing the accused had been six months late in his mental health treatment—allegedly because of the financial cost—abruptly ended the diversion without reconsideration.
Facing charges of brandishing a firearm in an incident involving a family in a car, the accused had been granted a mental health diversion on June 2.
The stipulations were explicit: completion of a 12-month anger management program aimed at addressing diagnosed post-traumatic stress disorder (PTSD) and anger management issues.
However, as of the day of the diversion hearing, the accused had only been to the treatment once.
After inquiring about the progress of the 12-month program, Judge Birnstein posed the pivotal question, “Has he completed the 12-month program?”
The defense tried to explain the financial constraints that hinder the accused’s regular attendance of mental health programs, noting the accused is still grappling with finding a stable job that includes insurance coverage.
However, Judge Birnstein, unwavering in her stance, “June 2, June 2 when I granted the diversion. I have been very patient. There is a limit to my patience.”
The defense further attempted to convey to the judge the accused’s financial hardships and commitment to attending other hearings.
Yet, the judge ended any prospect of leniency, stating, “I am no longer granting diversion. We are six months down the line and he has not done anything. I am terminating the diversion.”
The judge added, for emphasis, “That’s it. That’s it. I am not being Ms. Nice Guy anymore.”
With that statement, the diversion hearing came to an abrupt and conclusive end.
