BAKERSFIELD, Calif. (KGET) — Former Kern County Supervisor Zack Scrivner was in court Thursday morning and was ruled in compliance with his mental health diversion program terms. The attorney general’s office is seeking to appeal the diversion decision, before Scrivner gets too deep in the program.
The Attorney General’s Office filed a writ in the Court of Appeals in Fresno to take Scrivner out of diversion. 17 News is seeing that document for the very first time.
Scrivner remains in compliance with terms of diversion program
The statement of facts portion of the writ — eight pages, completely redacted. The public is not allowed to know the facts.
Scrivner’s case is sealed in Kern County and any document mentioning evidence in the case in higher court will be redacted.
The Attorney General actually filed two writs, one public, with redactions, and one only for the appellate court — unredacted. If Scrivner were charged with sex crimes, he would not have been eligible for diversion.
After all, allegations made by the Attorney General’s prosecutor Joseph Penney in court was that Scrivner molested a girl for 10 minutes. 17 News asked him why after the former county supervisor’s hearing today,
“Mr. Penney are you able to talk about the writ that was filed in appellate court?”
“No comment. No,” Penney said.
“Big question is why go this route instead of amending the complaint to add charges?”
Penney: “Yeah, I don’t have a comment right now.”
“I just feel like this is something we should have answers to.”
“Yeah, sure, feel free to contact our public communications department,” Penney said.
State prosecutors handling the case charged Scrivner with three counts of child endangerment and two counts of felony possession of assault weapons.
What is unredacted in the writ, is the attorney general’s argument to appeal diversion, which focuses solely on the assault weapon charges.
Kern County lawmakers join in bipartisan push for more transparency in Scrivner case
The state alleges Scrivner did not register two weapons that were taken from his home the night of the incident and that his mental health issues were not significant factors to those charges. On that legal basis, the AG is asking to deny diversion on all charges, even the child endangerment counts.
“The attorney general has not taken the position, that the petition, as to the three child endangerment counts should not have been granted. It was appropriately granted,” said H.A. Sala, Scrivner’s attorney.
Sala spoke about possible outcomes if this appeal is granted, “He should continue with the mental health treatment as to the three child endangerment counts and then we could proceed to litigate the issue of the rifles.”
Sala said the appellate court has asked for his reply, and he will submit it soon.
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