Sep 20, 2018

First known case pre-trial mental health diversion in Humboldt County granted for man charged with criminal threats against attorney Russ Clanton



The minutes do not indicate that the jury trial was vacated but it was vacated. An evidentiary  hearing is set for 10/18.

"There is still one more step now that the DA objected. Today, Judge Canning said that Black meets prima facie eligibility for diversion. He will make final decision on 10/18," said Black's attorney, Ms. Andrea Sullivan.

I was in court on September 13 covering another case. Deputy District Attorney Whitney Barnes and Ms. Andrea Sullivan were discussing the Michael Black  case with Judge Timothy Canning.

On September13, Ms. Barnes told Judge Canning that she had discussed the matter with "Ms. Fleming, our county doesn't get funding for mental health diversion so this is not an option."

Ms. Sullivan said that just because Humboldt does not get funding, does not mean that Black should not have that option. If he lived somewhere else in California, the law offers him less punitive options. She requested further discussion on September 19.

Black was a client of local attorney Russ Clanton. He is charged with criminal threats and vandalism on Mr. Clanton's property.





This is the first known case pre-trial mental health diversion in Humboldt County. Black is not indigent and will have to pay the expenses.



Black has a few court cases. One of his 2018 cases had a trial confirmation scheduled on September 19; it was continued to September 20. The jury trial is scheduled for September 24. In this case, he is represented by Ms. Andrea Sullivan.

Link explaining pre-trial mental health diversion:

https://www.californiacriminaldefenselawyerblog.com/new-law-offers-pretrial-diversion-to-some-offenders-suffering-from-a-mental-disorder/

2 comments:

  1. my husband's prima facia was granted and sent to mental health diversion court. pc.1001.36
    at last 2 hearings his attorney has done nothing....saying the DA is trying to bring in other info showing defendant may be a risk to the public.

    Can the DA do this at this point even though defendant has proven he qualifies. i.e. expert, records etc.

    thank you,
    Janet

    ReplyDelete
    Replies
    1. Janet, I will see if I can get an answer from an attorney for you. What is your husband charged with?

      Delete

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