WOODLAND, CA — Judge Catherine Hohenwarter thwarted an attempt by the prosecution here in Yolo County Superior Court Friday to deny an accused the opportunity to receive mental health diversion.
Deputy Public Defender Sarah MacDonald insisted the accused qualifies for mental health diversion, but Deputy District Attorney Alex Kian claimed the penal code was designed for a specific criteria of individuals, and the accused did not fit that criteria.
The accused has three felony charges related to identity fraud and mail theft, as well as two misdemeanors.
DPD MacDonald stated the accused is “an exemplary candidate” for diversion, emphasizing that she has “never seen a client work so hard to better himself,” seeking treatment and is now in remission.
DPD MacDonald added the accused “has no prior strikes that…would make him a concern for public safety,” and explained the accused “is doing incredible,” noting the accused is an example of what the “mental health diversion statute was meant for…prioritizing treatment for folks as opposed to incarceration.”
The accused’s case manager also gave a statement to the court noting how well the accused is doing in his current treatment facility, stating. “If he doesn’t continue what he’s doing, it would be detrimental to his sobriety.”
DDA Kian disagreed with allowing mental health diversion for the accused, suggesting the accused does not qualify for it due to the nature and context of the charges.
“The current case…there are approximately 300 victims and thousands of pieces of (stolen) mail…that requires a level of planning, that requires a level of organization, and that does not demonstrate that someone is suffering from a debilitating condition that could ultimately commit this crime,” DDA Kian argued.
“For the court to grant this is essentially opening the floodgates and allowing anyone to take a relief,” emphasizing the court should evaluate all factors involved, stressing that granting the motion would “deprive justice for numerous victims.”
In response, DPD MacDonald noted evidence of substance use in the room the accused was arrested in, as well as information that he was suffering from untreated schizophrenia and bipolar disorder at the time of the offense. She said, as of now, this is the first time the accused has been sober and in treatment for those mental disorders.
“We have treatment he’s engaging in and benefiting from—that’s what we want to see in people who are going through the system, and ultimately this is a way that the court can divert him from going to prison,” asserted DPD MacDonald. “Because again, the People’s offer has always been prison. And we don’t want to uproot him from his life.”
DDA Kian continued to express his opposition to the motion, emphasizing to Judge Hohenwarter that in order to grant mental health diversion, the accused’s mental disorder had to have played a significant role in the charged offense.
He argued that finding drug paraphernalia in the room of the arrest “is not sufficient to show that drug use resulted in…stealing thousands of pieces of mail and committing identity fraud,” and suffering from substance abuse does not correlate to this seemingly planned “operation” of an offense.
DDA Kian then questioned how bipolar disorder relates to stealing mail and how schizophrenia can play a part in the organization and planning of this case’s offense.
The DDA said the prosecution believes there are other matters of relief that the accused can pursue instead of mental health diversion, reemphasizing the argument that the accused does not fit the criteria of PC section 1001.36.
In the end, Judge Hohenwarter granted the defense motion, ruling the court’s documentation shows the accused’s conditions are appropriate to qualify for diversion.
“Almost all of the crimes submitted in the opposition show a major methamphetamine disorder,” said the judge.
Judge Hohenwarter overruled DDA Kian’s prior argument that a nurse practitioner’s diagnosis of the accused’s mental disorders is insufficient, stating, “I do find that the physician’s assistant is a qualified medical provider.”
The judge noted she believes the accused will be able to fully atone for the charges in this case under the diversion program, expecting that everything will be set right for all the victims in this case. The accused is to remain in his vocational program and continue taking his medications.
The accused is scheduled to come back to court May 23 for a progress check.
