WOODLAND, CA – Deputy Public Defender Stephen Betz, on behalf of the accused, asked the court here for a referral to mental health diversion (MHD), with a full treatment plan cultivated by a mitigation specialist—but the motion was denied late last week by Judge Daniel Wolk in Yolo County Superior Court.
The accused, who has been in and out of prison for the past six to seven years on charges of domestic violence, reached out to his defense team in search of treatment for his mental health disorders, anxiety, depression, adjustment disorder and opioid substance abuse disorder.
DPD Betz argued the accused is not at risk of committing a super strike, and that placing him into a mental treatment program increases public safety more than putting him back into prison.
DPD Betz argued that the treatment program would address “the root of criminality” within the accused, adding, “In order to break this cycle” they must “treat the underlying cause.”
In response, Deputy District Attorney Frits Van Der Hoek stated that even if the accused met the guidelines within Penal Code § 1001.36 (mental health diversion requirements) to be eligible for MHD, there wouldn’t be a suitable treatment for him.
DDA Van Der Hoek added the severity of the past cases surrounding the accused, and the violence of those cases, provides examples of how the accused is a public safety risk. DDA Van Der Hoek then argued that the accused has “no capability of restraining his own conduct,” and because of that he does not qualify for mental health diversion.
“There is no such program that can meet his needs,” stated DDA Van Der Hoek, following up by stating this is caused by the fact that the accused “can’t restrain himself.” “He is not only ineligible, he is completely unsuitable.”
Judge Wolk denied the defense motion for mental health diversion, stating the accused proved too much of a public safety risk. Judge Wolk set the trial to the beginning of April, and pretrial conference Jan. 17, 2025.
