Carrie Bonn, who embezzled more than $102,000 from the Mariposa Friends of the Library, will get a new judge in her case after an appeals court vacated her conviction and returned her case to Mariposa County Superior Court.
Judge Michael Fagalde recused himself from her case last week after announcing he has filed papers seeking appointment as Mariposa County District Attorney. (See related story).
Last month, the 5th Appellate District in Fresno ruled that Fagalde had “abused his discretion” in rejecting a mental health diversion for Bonn without supplying the necessary reasoning or citing evidence.
Retired Madera County Judge Thomas Bender will now take over the case.
During an Aug. 19 hearing, Judge Bender said he will need time to study the 5th Appellate ruling and read the two court ordered psychological evaluations of Bonn.
Mariposa County Deputy District Attorney Victoria Fernandez said prosecutors will continue to oppose a mental health diversion for Bonn which, if successfully completed, would mean the charges could be dismissed and the records sealed.
Three members of the volunteer Friends of the Mariposa Library group were in the otherwise empty courtroom, intently following developments and eager to make sure the group still receives restitution.
The group says it has so far received only $3,000 in restitution.
“While it is a small drop in the bucket, one day, we hope to be made whole,” said Michael Matheson, secretary for Mariposa Friends of the Library in a statement to the Mariposa Gazette.
“The FoL continues to raise money and work to support and improve our public libraries,” the statement said.
The Bonn case has dragged on for more than four years.
The now 40-year-old Bonn was treasurer for the nonprofit Friends group during a 14 month period from March 2021 through May 2022. She admits to stealing by making direct bank transfers and diverting checks and cash.
She used the money to support a gambling addiction, she has said.
In May 2023, Bonn was charged with 12 counts of felony embezzlement.
Two court-ordered psychologists determined that Bonn suffered from bipolar disorder, a recognized mental health disorder in the Diagnostic and Statistical Manual of Mental Disorders (DSMD). She was first diagnosed by Dr. Bama Sridhar on May 25, 2022, as the embezzlement was being uncovered.
Dr. Sridhar said she responded positively to treatment with mood stabilizers and medication.
Bonn’s attorney, Eugene Action, sought a mental health diversion on two occasions. On Jan. 6, 2025, Fagalde denied the request for a second time.
On Jan. 27, 2025, as part of a plea agreement, Bonn entered guilty pleas to all 12 counts.
On Feb. 24, 2025, she was sentenced to two years of formal probation, 250 hours of community service and ordered to enroll in Behavioral Health Court.
She was also ordered to pay restitution of $102,086 to Mariposa Friends of the Library.
In California, a mental health diversion allows defendants whose mental illness significantly contributed to their crime to have their criminal case paused so they may undergo mental health treatment for two years. If compliant with court-ordered treatment, the criminal charges are dismissed and the records sealed.
The mental health diversion law was passed in 2018, creating a pre-tiral diversion program that allows community based mental health treatment instead of incarceration, with the goal of reducing the rate of recidivism.
But in recent years there has been a push and pull between the legislature and the judicial branches in terms of how much discretion to give judges in such cases.
Recent court rulings have narrowed judicial discretion despite public safety concerns, inadequate treatment plans and prior unsuccessful attempts at treatment.
In July, Gov. Gavin Newsom signed a measure into law that restored judicial discretion to deny mental health diversion in cases involving defendants who pose a clear and present danger to public safety.
In its decision in the Bonn case, the three judge panel of the Fifth Appellate District seems acutely aware of the legal tripwires surrounding mental health diversion.
The judges argue that Bonn did not pose any kind of public safety threat and clearly had a diagnosed mental illness that likely contributed the crime. In addition, the psychologists who examined Bonn said she was a good candidate for diversion.
The appellate court said Judge Fagalde failed to articulate any reasoned argument, or provide any analysis, for why a mental health diversion should not be granted.
Instead, the judges said, he noted that she was already being treated for major depression and generalized anxiety during the period when she was embezzling.
“This was not a single crime that was charged,” Fagalde said, according to a Jan. 6, 2025 transcript. “It was a series of thefts that occurred over 14 months.”
“And in this court’s experience, having handled behavioral health court and other mental health issues, I have never seen a manic stage that lasted 14 months,” Fagalde said.
But there was no claim she suffered a manic episode that lasted for 14 months, the appellate judges said.
Each manic episode lasted three to four weeks, Bonn explained to the psychologists. During that period she felt out of control, euphoric and would go days without sleeping.
Bonn was convinced she could win back enough money gambling to repay the Friends of the Library, she told the psychologists.
The appellate court said Fagalde denied a mental health diversion on personal experience and findings that were not based on substantial evidence.
The appellate judges said Fagalde “abused his discretion,” a particular phrasing that is not used lightly in judicial decisions.
“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 judges write.
On Aug. 10, the Fifth Appellate District returned the case to Mariposa Superior Court after a 30 day appeal window expired.
The appellate court’s decision vacates the conviction, returning the case to a point before Bonn entered her guilty pleas to the 12 felony embezzlement counts.
The next hearing before Judge Bender is scheduled for Sept. 15.
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