DELANO, Calif. (KERO) — A California assemblymember is calling on federal authorities to intervene in the criminal case against former Kern County Supervisor Zachary Scrivner, who was granted mental health diversion this week despite facing three felony counts of child abuse and two felony weapons charges.
Assemblymember Dr. Jasmeet Bains sent a letter to Assistant Attorney General Harmeet Dhillon and U.S. Attorney Eric Grant requesting federal intervention in the case. The mental health diversion means Scrivner is likely to face no jail time and potential dismissal of all charges.
California law disallows mental health diversion when a defendant is charged with certain serious crimes including the sexual abuse of a child. Despite investigatory findings that could warrant such charges, the California Department of Justice filed lesser charges, creating a pathway to mental health diversion that Bains has described as an "Epstein loophole."
Bains noted that the Scrivner case is part of a disturbing pattern in which powerful individuals accused of harming children appear to receive preferential treatment in the justice system.
"Wealth, status, and power cannot continue to shield child predators like Jeffrey Epstein and Ghislaine Maxwell from accountability," Bains said.
"Whether you're the President, a County Supervisor, or an everyday citizen, if you sexually abuse a child, you must face the full consequences of your actions," Bains said.
In her letter to Dhillon, Bains requests that the Civil Rights Division investigate whether Scrivner violated federal civil rights statutes. As a former elected official, any abuse of authority or public trust in connection with the alleged crimes could constitute a federal civil rights violation. Bains also asked Grant to review whether federal child abuse and exploitation laws, federal firearms statutes, or other federal charges may apply.
"I refuse to let a child have their civil rights violated by the very country that bestowed them," Bains said.
"The U.S. Department of Justice has both the authority and the responsibility to act when states fail to protect the most vulnerable. The California Department of Justice has failed, so the U.S. Department of Justice must step in," Bains said.
Bains emphasized that while mental health diversion serves an important purpose in appropriate cases, it should not be available for serious crimes against children.
"I specialize in family and addiction medicine, so I know the value of mental health diversion," Bains said.
"It was designed to help people get treatment and rehabilitation in appropriate cases, not to provide an escape hatch to sexually assault children," Bains said.
"This Epstein loophole needs to be closed," Bains said.
Bains also questioned if the timing of the court decision was politically motivated to avoid public scrutiny.
"Since when did our justice system start doing favors for politicians, helping them bury bad news during a Friday news dump the week before Christmas?" Bains said.
"This is not justice, and this is not over," Bains said.
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