Like the Energizer Bunny, the Carrie Bonn embezzlement case just keeps going in Mariposa County Superior Court.
The case dates back more than four years — five if you consider when the thefts actually occurred — and once again was back in court last week.
This time, it was for a new judge in the case to consider whether Bonn should have been considered and granted a mental health diversion. That law is relatively new in California, but was in effect when Judge Michael Fagalde denied the diversion as the cases seemingly concluded at the beginning of this year.
In January, Bonn was sentenced by Fagalde after she pleaded guilty to 12 counts of embezzlement totaling more than $102,000 from the Mariposa Friends of the Library group. Many thought that would be the end of the case.
But in July, the 5th Appellate District Court in Fresno vacated Bonn’s conviction and sent the case back to the Mariposa County Superior Court for reconsideration of a mental health diversion.
The court determined that Fagalde “abused his discretion” by rejecting a mental health diversion.
“We conclude the court abused its discretion by basing its denial on findings not supported by substantial evidence and by exercising its discretion in a manner inconsistent with the principles and purpose of the statute,” the 5th Appellate judges wrote in an opinion.
Two psychologists diagnosed Bonn as having bipolar disorder and said it played a role in the crimes she committed.
Fagalde, in his ruling earlier in the year, said he had handled many mental health issues and in this case, he noted the crimes were committed over a 14 month period. Fagalde said he had never seen “a manic stage that lasted 14 months.”
A new direction
Bonn pleaded guilty to stealing the money from March of 2021 through May of 2022, a time when she served as treasurer for the Mariposa Friends of the Library. Bonn said she used the money to gamble, mostly at Chukchansi Gold Resort and Casino in Coarsegold.
She was eventually arrested by the Mariposa County Sheriff’s Office and the evidence was gathered outlining the thefts.
Bonn was in court last week with her court-appointed attorney, Eugene Action, but she was not asked to speak.
Also in court was Judge Thomas Bender, who was appointed to the case after Fagalde recused himself from the matter. Deputy District Attorney Joshua Mirales represented the people in the matter.
Prior to the hearing last week, Bender had continued the case after being appointed so he could read and research all of the materials in the Bonn matter. There are reams of documents.
Those material included arguments from the DA’s office as well as from Action.
Mirales had argued that her actions “displays Bonn’s sophistication and sheer scope of fraud.”
Action argued the DA’s office was asking the new judge to repeat the same missteps of Fagalde, adding it was “based on the same evidence.”
He also referenced the fact that mental health diversion was passed by the California Legislature.
That same point was front and center for Judge Bender.
He said it is “not my law … It was enacted by the Legislature and we have to follow the law.”
That seemed to send a clear signal to the courtroom about where the case might be headed.
Bender said “eligibility” and “sustainability” are the two key factors when allowing mental health diversion.
Mirales told the judge that if it did decide on diversion, the DA’s office “want restitution to be part of it.”
That is a key issue for the Mariposa Friends of the Library, which to date has collected less than 5 percent of the restitution ordered by the court.
During the discussion, Bender said the evidence “clearly” establishes “mental health eligibility.”
He cited the evaluations by the doctors as that evidence.
“One doctor said planning and over-achievement are parts of her mental health condition,” said Bender.
He added one doctor said Bonn had agreed to mental health treatment. Bender also said Bonn “does not pose an unreasonable risk to public safety.”
He said granting diversion “does meet the statutory requirements.”
What comes next?
What the next steps would be then became the focus.
“This is an unusual case,” said Action, noting it has been more than two years since Bonn was denied diversion by the court.
In addition, he said Bonn has “been on probation a long time.”
That seemed to be one of the stumbling blocks in this particular case since it has been in the court for so long. Bonn has been reporting regularly to officials at Mariposa County Probation.
A probation officer in the court said Bonn has seen “multiple” representatives from the office as the case has evolved over the years.
The judge said at the next hearing, he wanted to know “what she had done and if she needs to do more and, if so, what.”
Mirales said he felt a treatment plan “should be submitted” for Bonn to the court.
Action pointed out the “conviction was reversed” and wondered, “So is she still on probation?”
The judge asked Bonn to check in with probation officials “to see where she stands” and so they could do a formal report before the next court hearing. That hearing was set for Tuesday, Nov. 10 at 1:30 p.m. in Mariposa County Superior Court.
What will happen during that case remains to be seen, but it is likely she will be placed on diversion, which could lead to Bonn being expunged of the criminal record. However, the court could order the restitution to remain in place. It remains unclear how enforcement of the restitution would take place since she would be expunged of the criminal record.
Friends group reacts
The Mariposa Friends of the Library group was not pleased with the outcome of the hearing.
“We feel let down by a system that failed to deliver accountability,” wrote Gina Thatcher, president of the group, in an email to the Gazette.
Thatcher did say that, to date, Bonn has paid $3,600 in restitution of the $102,000 she stole, which is roughly 3.5 percent. She did say Bonn is “current” on her restitution payments.
“Today marks the final legal resolution regarding the embezzlement case involving our organization,” wrote Thatcher. “Because we are a small community, we know most of you personally. You aren’t just ‘supporters’ to us — you are our neighbors, our partners and our friends. That is why we want to share this update with you directly and honestly.”
Thatcher said throughout the lengthy process “we have cooperated fully with law enforcement and the legal proceedings. Today, the court granted the defendant’s request for mental health diversion, allowing the case to proceed through an alternative to traditional criminal prosecution.”
But Thatcher also said the group understands the problems it had which led to the embezzlement by Bonn.
“Yet, as we reflect on everyone who let us down, we also have to look honestly at ourselves,” she wrote. “We made mistakes.”
She said the group “fell short in our oversight, which allowed this to happen in the first place, and we stumbled in our initial response as we tried to navigate a crisis we never expected.”
Thatcher wrote the group was “deeply sorry for that. Legal technicalities may have closed the case in court, but we hold ourselves to a much higher standard of accountability to all of you.”
Thatcher said over the past four years, the group has worked “hard” to fix the mistakes that were made.
“We have completely overhauled our financial controls and brought in independent reviews to make sure your trust is honored. We have put these guardrails in place because we care deeply about the hard-earned money you choose to share with us and we want you to feel entirely safe supporting our work.”
She said the Friends group continues to operate its program “and our commitment to this community is as strong as ever.”
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