By Neha Suri
VAN NUYS, CA – There was a heated debate in Los Angeles County Superior Court in Van Nuys Wednesday over whether or not the accused is eligible for mental health diversion.
The debate featured fervent insistence by Deputy Public Defender Justin Allen Kelley and ultimately resulted in a change in opinion by Judge Alicia Y. Blanco.
The accused is a 24 year old man who has been battling drug addiction since his youth–around 11 years old, according to Deputy District Attorney Peter Hsu, who added the accused has been involved in the criminal justice system for most of his life, with juvenile prosecutions, three misdemeanors and one felony.
DPD Kelley explained the accused had a rough childhood resulting in his early exposure to methamphetamine. However, now the accused willingly came forward to seek treatment for his drug addiction and was requesting mental health diversion.
The accused had previously taken part in a six month rigorous Salvation Army rehabilitation program and relapsed around a month later, according to DDA Hsu.
DDA Hsu detailed that around five months ago, and upon successful completion of the Salvation Army rehabilitation program, the accused used drugs again and broke up with his girlfriend at the time in front of her kids.
DDA Hsu added, “he had five months to get sober but instead he drank a 12 pack of beer a day and got high,” which is what he allegedly told a clinical psychologist who evaluated him prior to the hearing.
DPD Kelley countered that the difference between previous attempts at treatment and the current situation is now the accused was coming willingly of his own volition and “genuinely trying to get clean.”
Defense counsel also argued that becoming and staying sober is not a linear process, at which DDA Hsu pushed back hard, stating, “those who follow the path set by their care team get sober.”
Siding with the prosecution, Judge Blanco commented that it seems the accused has no problem completing treatment programs but simply relapses soon after.
DPD Kelley insisted that the accused was a prime candidate for mental health diversion and met all of the suitability factors, at which point he pressed Judge Blanco for what factor the accused did not meet.
After hesitating for a moment, Judge Blanco eventually said the presentation of evidence to indicate that the defendant would respond to treatment was lacking.
DPD Kelley then repeated how well the accused meets the suitability factors, noting the evaluation by the licensed clinical psychologist came to a different decision than the court.
DDA Hsu protested to this point, stating that their opinion is based on the accused consenting to and asking for treatment.
However, DPD Kelley also said the accused cooperated fully with the psychologist and willingly stated he had been high on methamphetamine only five days prior, as well as his excessive drinking habits during the previous five months to which DDA Hsu had already described.
Defense counsel added this demonstrated the accused’s desire to seek help and not simply to evade the law.
DPD Kelley also restated the clinical psychologist who had evaluated the accused deemed him to be a suitable candidate for mental health diversion, consenting on his own.
Judge Blanco eventually granted the accused mental health diversion.
The accused is set to return to court Oct. 17 for a diversion progress report.
