Nov 15, 2022

Defense files petition for mental health diversion in Allman case

 


Jury trial for Sean Allman is scheduled on November 28.

Allman is charged with Count 1 Terrorizing or obstructing exercise of religion. Count 2 is Criminal threats. Both counts pertain to the Episcopal Diocese of Northern California.

Deputy District Attorney Whitney Timm is the prosecutor for the case. Mr. Ben Okin is Allman's attorney. I had reported previously Ms. Andrea Sullivan would be co-counsel. That became official on November 10. Defense filed a petition for mental health diversion on 11/14.

Judge Christopher Wilson scheduled a hearing on the petition for November 21. Defense time estimate is 1 hour. People will cross examine Dr. Kevin Kelly who evaluated Allman and provide additional evidence. Ms. Timm said she only received the motion four days ago and could not provide a time estimate this morning in court.

Ms. Sullivan told Judge Wilson Allman is open to participating in mental health diversion.

11/21: The hearing was continued to  8/23 for argument and ruling.

"Penal Code 1001.36 is the California statute that provides for mental health diversion. This program allows some people with mental health issues to receive treatment in lieu of prosecution and jail when they are charged with a crime.

If the defendant successfully completes treatment, the criminal charges will be dismissed. The record of the arrest will then be sealed for most purposes and it will be as if the arrest had never happened."-Shouse Law

More information on PC 1001.36 and how someone qualifies for mental health diversion in California.

https://www.shouselaw.com/ca/defense/penal-code/1001-36/

Previous posts:

https://johnchiv.blogspot.com/2022/11/terrorizing-or-obstructing-exercise-of.html?m=1

https://johnchiv.blogspot.com/2022/09/people-are-opposed-to-continuance-in.html?m=1

(I have been covering this case since 2019 on a regular basis. You can access all prior coverage via the search feature on this blog or Google each indivividual posts)

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