"Given the coronavirus situation, we are asking the Court to make a prima facie finding"

Evidentiary hearing for mental health diversion originally scheduled  for March 18 for Edward Pena was rescheduled to this morning.

Deputy Roger Rees is the prosecutor for the case, however  Deputy DA Tobias Hasler is handling all matters for the evidentiary hearing and he was in court today . Deputy Public Defender Wade Orbelian is Pena's attorney.

"Given the coronavirus situation, we are asking the Court to make a prima facie finding," said Mr. Orbelian. "At the hearing, we will address a full mental health plan."

"Prima facie does not exist here," said Mr. Hasler. He mentioned California Code 1001.36 (b) (3). This link has information on that code.
https://www.shouselaw.com/mental-health-diversion

Mr. Hasler said that Pena did not meet the minimum criteria for prima facie or mental health diversion.  Based on the nature of the offenses, the People objected to the request by the defense.

Mr. Hasler mentioned that Dr. Renouf's report states that the defendant was in anti depressants at the time of the alleged crime. He was also taking pills and cannabis. Mr. Hasler said that Pena's alleged crimes showed "preparation" that he beat his former spoise with a bat and threatened her children.


Mr. Orbelian said at the time of the alleged incident, Oena was suffering from ,"major depression, his mother had just died, he was separated from his wife" and attempted suicide three times. Mr. Orbelian said that Dr. Renouf's report stated that Pena's behavior was due to impaired judgement and for psychotic reasons.

Judge Killoran said according to Dr. Renouf's report, Pena does qualify for prima facie and granted the defense request. The hearing will take place on April 9.

There are audio issues and it was very hard to hear Judge Killoran or Mr. Hasler due to volume and static.Court IT is working on options.

Previous post:

https://johnchiv.blogspot.com/2020/03/district-attorney-adds-more-charges.html?m=1#more