BAKERSFIELD, Calif. (KERO) — A California state lawmaker is asking the state's Department of Justice to explain why sexual assault charges weren't filed against former Kern County Supervisor Zachary Scrivner despite allegations of inappropriate touching of a child.
Dr. Jasmeet Bains, a Democratic state representative from Delano, sent a letter to the California Attorney General and Department of Justice seeking clarity on the charges filed against Scrivner.
While Scrivner has been charged with willful cruelty to a child and weapons charges, Bains noted there is "considerable confusion" over the absence of any sexual assault charges, despite allegations that Scrivner "consumed mind and/or mood-altering drugs...got into bed with and subsequently touched inappropriately" a child.
"We need to understand the evidence that led the DOJ to these conclusions, and why the available evidence was deemed insufficient to bring child sexual abuse charges. The public deserves to know the full details of this case," Bains said.
Bains' letter also raises questions about whether Scrivner's alleged drug use factored into the decision not to pursue sexual abuse charges, and whether the charges would have been different if he had not consumed mind-altering substances.
Scrivner's attorney H.A. Sala denounced Bains' request as inappropriate and said a lawmaker has never done this during his career.
"I am shocked at the assemblymember's statement. It is highly inappropriate. In my 42 years as a defense attorney, I have never had a member of the legislature ask for something like this," Sala said. "Her request is contrary to the provisions of the U.S Constitution and the California Constitution, she is not a prosecutor."
Sala also said that more details will not come out to the general public as the offense reports have been sealed.
"There are many issues (in this case) being looked into right now that I can't discuss," Sala said. "She would be aware that the magistrate ordered all offense reports sealed. This will come out in due process, this case will not be tried in the media."
23 ABC has also reached out to Attorney General Bonta for comment and received this response from his press office:
"As in each case we undertake at the California Department of Justice, we seek justice guided by the facts and the law. Guided by these principles, we file charges that we have determined can be proven beyond a reasonable doubt. The court has ordered investigatory reports associated with the case to be sealed. As a result, our complaint contains the information we are able to share at this time. On Background: Last week's pretrial hearing was continued at the defendant's request."
The letter comes as a pre-trial hearing in the case has been delayed until July, limiting the public's opportunity to understand the details. The California Department of Justice has not yet responded to Bains' request for clarification.
The letter reads in full:
May 7, 2025
Attorney General Rob Bonta
California Department of Justice
1300 I Street, Sacramento, CA 95819
RE: Investigation and Charges Filed Against Zachary Scrivner- Kern County
Attorney General Bonta,
I write to express deep community concern and request clarification regarding the charges filed against former Kern County Supervisor Zachary Scrivner. The Department of Justice (DOJ) appropriately took over this case to avoid the potential of a conflict of interest as Kern County District Attorney Cynthia Zimmer is related to Mr. Scrivner. While the DOJ has charged Mr. Scrivner with willful cruelty to a child and weapons charges, there is considerable confusion regarding the absence of any sexual assault charges. Public concern has grown as the DOJ’s complaint asserts there is evidence to substantiate that Mr. Scrivner took mind altering substances, got into bed with a minor, and touched the minor inappropriately.
Therefore, I respectfully request the following information:
1. Please explain the evidence that led the DOJ to the conclusion that Mr. Scrviner “consumed mind and/or mood altering drugs…got into bed with and subsequently touched inappropriately” a child.
2. Why was this evidence deemed insufficient to bring child sexual abuse charges?
3. If Mr. Scrivner had committed the same actions identified in the complaint without having consumed mind or mood altering drugs, would the available evidence have been sufficient to bring child sexual abuse charges?
4. Did the consumption of mind and/or mood altering drugs factor into DOJ’s determination not to bring child sexual abuse charges?
The public deserves a clear and transparent explanation of the decisions made in this case. Addressing these concerns is crucial for maintaining public trust in the justice system.
Thank you for your prompt attention to this matter.
Sincerely,
Dr. Jasmeet Bains
35th Assembly District
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This story will be updated as more information becomes available.
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