The new judge in the Carrie Bonn Mariposa Friends of the Library embezzlement case needs more time to consider a mental health diversion for Bonn, as he picks up the pieces left over from an appellate ruling that may have effectively narrowed his options.
During a Sept. 15 hearing, Judge Thomas Bender continued the case until Oct. 13, as he continues to review legal briefs and the appellate decision.
Bonn, 40, sat in the back of the courtroom and quickly left after the hearing, which took only a few minutes.
About a dozen members of the non-profit Mariposa Friends of the Library also attended the hearing and sat together in two rows behind the defense table.
In July, the 5th Appellate District in Fresno vacated Bonn’s conviction and returned the case back to Mariposa County Superior Court at the point of consideration of a mental health diversion.
In a brief filed earlier this month, the Mariposa County District Attorney’s office doubled down on its position and said a mental health diversion should not be granted because Bonn’s bipolar disorder was not a significant factor in the crime.
Despite the appellate ruling, prosecutors continue to argue that the court’s exercise in diversion is consistent with the state statute.
“The conclusion of causality is rebutted by the scope of Bonn’s criminal activity and the careful manipulation, deceit and planning that was required to carry out her scheme,” writes Deputy DA Joshua Mireles.
“A thorough review of the police reports also displays Bonn’s sophistication and sheer scope of the fraud,” he writes.
Over the course of a year, Bonn, the former treasurer for the group, embezzled $102,000 and spent it gambling at Chukchansi Casino. So far, she has paid $2,000 in restitution.
“The money which Bonn embezzled consisted largely of donations and was meant to be used to fund literary events, contribute to the flourishing of children and benefit local culture overall. In defrauding the nonprofit of such assets, Bonn therefore violated the trust of all members of the community,” Mireles writes.
In a rebuttal brief last week, Bonn’s defense attorney, Eugene Action, argues that prosecutors may indeed feel righteous, but are treading on dangerous legal territory.
“They are inviting the court to repeat the same errors that were previously reversed and vacated based upon the same evidence already reviewed by the upper court,” Action writes.
“If the People were to be honest, they have been accused of letting down the community based upon their treatment of the case because of the law.”
“That is a problem to be discussed with the citizenry, not a reason to advocate contrary to the law as it stands,” Action writes.
“Sacramento has spoken,” he adds.
The 5th Appellate ruled that Mariposa County Superior Court Judge Michael Fagalde “abused his discretion” when he rejected a mental health diversion for Bonn without supplying the necessary reasoning or citing evidence.
“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.
The unanimous appellate decision, from a three-judge panel, provided some clear cautionary flags about the limited power a judge may have to exercise discretion in diversion of non-violent crimes.
Two psychologists had diagnosed Bonn as having bipolar disorder and said it played a role in her crime.
Bonn was under the delusion in her manic phase that she could eventually pay the money back if she kept gambling, they said.
A delusion not uncommon with gamblers, mentally ill or not.
“This was not a single crime that was charged,” Fagalde said in rejecting a mental health diversion, 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.
Fagalde possesses a master’s degree in psychology.
In January 2025, as part of a plea agreement after her mental health diversion was denied, Bonn entered guilty pleas to all 12 counts of embezzlement.
Since the appellate ruling, Fagalde has recused himself from taking back the case, after announcing he is seeking appointment to become the next Mariposa County District Attorney.
In February 2025, Bonn was sentenced to two years of formal probation, 250 hours of community service and ordered to enroll in Behavioral Health Court.
She has essentially already completed much of the process she would have gone through as part of any mental health diversion.
If granted a mental health diversion now, any criminal record would eventually be expunged. The court could, however, continue to order restitution under the mental health diversion statute.
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