How to resolve AdBlock issue? That’s the question before Lake County Superior Court Judge Shanda Harry as she considers the case of Justin Simon Lord, 42, of Middletown.
Harry held a hearing Tuesday afternoon in an effort to make a decision on the matter, which is expected to be handed down when Lord — who attended via Zoom from the Lake County Jail — next appears in court at 1:30 p.m. April 8.
Lord was arrested in August after a nighttime break-in at the Kelseyville home of his former partner in which the woman woke up to find him standing over her. When she got up to call for help, he pulled a blade off the ceiling fan and beat her with it.
The victim, identified in the court as “C.V.” in order to protect her, told Lake County News that Lord had attempted to smother her by forcing her face down into her bed. Her daughter cut short the 911 call for fear that she was dead.
He took the phone from his 9-year-old daughter who was trying to call 911, shoved his former girlfriend into a clothes rack, broke a metal bar off the rack and proceeded to destroy two televisions and a closet door with it, also striking her in the head and then chasing her and the child through the house.
After he left the house, Lord got into a physical fight with the victim’s husband, threatening him with a knife. The victim’s husband had a handgun that the two men wrestled for and, during the struggle, Lord was shot in the leg.
The incident occurred on the night of Aug. 8. Lord was taken to an out-of-county hospital for treatment and then released, but not directly into custody. An arrest warrant was issued for him on Aug. 16 and he was taken into custody during a court appearance on Aug. 27.
Lord’s attorney, Justin Petersen, had tried unsuccessfully to get the warrant withdrawn.
Lord is charged in the case with burglary; inflicting corporal injury on the mother of his children, with a previous conviction for that crime in December 2020; two counts of stalking, with a February 2022 conviction for violating a restraining order; assault with a deadly weapon, in this case, the metal rod that he used to beat his former partner and break two televisions; assault with force likely to cause great bodily injury; vandalism; two counts of making criminal threats, one for the female victim, and one for both her husband and a neighbor who fought with Lord; assault with a deadly weapon, a knife, on the victim’s husband who shot Lord; and a misdemeanor charge for damaging a communications device to prevent help, which is for taking the phone from his daughter who was calling authorities.
Senior Deputy District Attorney Rachel Abelson, who is prosecuting the case, previously reported that a conviction on those charges could result in Lord receiving a 10-year prison sentence.
The assault with a deadly weapon and criminal threats counts both become strikes upon conviction, meaning a third strike could earn him an even longer prison sentence in the future.
At Petersen’s request, the preliminary hearing, originally scheduled for Sept. 5, was held over until later that month, but a decision has been held over and continued since then. That preliminary hearing decision, along with the mental health diversion petition, was the reason for the Tuesday hearing, but no decision was offered on either.
In the meantime, Lord has remained in custody at the Lake County Jail, without bail. That’s because Judge Andrew Blum found Lord to be “unreasonably dangerous.”
Lord has a criminal record in Lake County that includes convictions for driving under the influence, a felony assault case from 2020 that appears to involve C.V. and their children and a felony vandalism from February 2022.
A member of Middletown Rancheria, he’s previously served as lead security supervisor at the tribe’s Twin Pine Casino, been casino manager, EPA director, tribal/rancheria maintenance director, according to his resume.
Diversion cases and legal criteria
In Harry’s Department 4 courtroom on Tuesday afternoon, several cases involving mental health or CARE Court were on the docket.
One of the cases involved a woman charged with felony assault against an elder and assault with a deadly weapon in August, her only criminal case in the local courts, who now is up for the appointment of a conservatorship.
In another case, a man facing a felony drug offense from 2024, with no other criminal record in Lake County, was on the docket, appearing from a hospital via Zoom to check in.
Another petition for mental health diversion was sought by the Public Defender’s Office for a man with a lengthy criminal history, with cases involving drugs, driving under the influence, property crimes and assault.
Yet another of the cases involved a man facing misdemeanor trespass, with a criminal history involving one assault conviction and two misdemeanors, for whom criminal proceedings were suspended after the Public Defender’s Office raised competency issues. He has been found not competent and is set for a hearing next month for placement in a hospital.
California Code Section 1001.36, enacted in 2018, allows for pretrial diversion to a defendant if two criteria are met: they have been diagnosed with a mental disorder — including, but not limited to — bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, and if that mental disorder is “was a significant factor in the commission of the charged offense.”
Defendants who meet those two requirements may then be found suitable for pretrial diversion if four other criteria are met: A qualified mental health expert’s opinion is that the criminal behavior would respond to mental health treatment; the defendant consents to diversion and waives their right to a speedy trial, unless they’ve been found to be an appropriate candidate for diversion in lieu of commitment; the defendant agrees to comply with treatment as a condition of diversion, unless the defendant has been found to be an appropriate candidate for diversion in lieu of commitment for restoration of competency treatment; and the defendant will not pose an unreasonable risk of danger to public safety.
On that fourth point, the statute notes, “The court may consider the opinions of the district attorney, the defense, or a qualified mental health expert, and may consider the defendant's treatment plan, the defendant's violence and criminal history, the current charged offense, and any other factors that the court deems appropriate.”
Diversion for Lord means that the case against him for the August assault would be completely dismissed.
Judge takes testimony from victim, supporters
With a decision on the preliminary hearing, bail review and the mental health division not set to take place until the April 8 hearing, Harry said she would hear the testimony from several people, including the victim, who showed up to speak on Tuesday.
Petersen objected. “We can’t just have people coming up to give their opinions about why someone should or shouldn’t” get diversion he said.
Harry said she would let them speak and decide what was relevant. “I’ll sort through it and you can object.”
And object he did, repeatedly asking for answers to questions to be stricken from the record. Harry approved several of those requests.
Advocating for the victim was attorney Angela Carter, a well-known Lake County attorney who previously ran the county’s public defense contract.
Petersen also objected to Carter’s involvement. In turn, Carter — who has worked in the local courts for about 30 years — said she could testify as a witness and they could “get into things I had not intended to get into.”
Several women came forward to tell the court that they had seen the victim with bruises and scratches from Lord’s physical abuse over the years, and they shared their concerns for the three children.
The testimony attributed Lord’s violence to alcoholism and cocaine use, not mental health issues.
According to their testimony, Lord’s attack on his former partner had followed them taking their children to their first day of school.
Petersen continued his objections throughout. “I can’t see how a lay person’s opinion can possibly be relevant,” he said.
He did, however, question the first witness about whether she had seen domestic violence go “both ways” with the couple, and she said, “Absolutely.”
The victim has had no domestic violence charges filed against her in Lake County, according to court records.
When a family member of the victim raised her concerns about Lord being in the community, Petersen again objected.
“This is not about dangerousness, it’s about suitability,” said Harry, appearing to focus more on Lord’s ability to go into mental diversion rather than community safety, which is a requirement for diversion set out in the statute.
The court was also told by a family member that the couple’s children “have been battered and they are scared” of their father. “The children are the ones that really feel this.”
Petersen objected and wanted the comments stricken, and Harry allowed it.
When C.V. came to the stand, Petersen objected again, saying she had her chance to testify during the preliminary hearing. C.V. responded, “You stopped me.”
Petersen then said C.V. didn’t need an attorney. “Well, I would object to that,” Carter interjected.
“I believe the victim has a right to her say so and representation in court,” said Carter, with Petersen continuing to object.
Harry allowed C.V. to take the stand. One of the few questions she was able to answer completely before being interrupted by Petersen related to how Lord had previously acted when in substance abuse treatment.
C.V. called him “a chameleon,” a highly intelligent man who will be the star student in any situation. “He knows exactly what he’s doing” when sitting in the doctor's office and telling him what they want to hear, she said, before Petersen objected and Harry sustained it.
She said he had been to three rehab stays before Petersen objected to the comments and Harry again had them stricken from the record.
Carter said she had a lot to say regarding Lord’s release, but would reserve those statements for the April 8 bail review and preliminary hearing followup appearance.
“It’s fun for the defense to not have to hear any opinions or defense from the victim,” Carter said.
Petersen responded that it's not fun and it’s not evidence.
“I don t think there’s any doubt that there have been many cases of DV [domestic violence] with C.V. as the victim,” said Harry. “The issue here is suitability for mental health diversion.”
Harry said she will let Carter make her arguments on April 8, at which time she also will hear from Lord’s family, other witnesses and health professionals. “He’s not going to be released today one way or the other.”
C.V. asked if Lord could be released. Harry said it’s possible.
“They’re going to kill each other if that happens,” one of C.V.’s friends said from the audience.
“I’m not saying that’s going to happen, I’m saying that’s what kind of hearing it is,” said Harry in response to C.V.’s question, at which point C.V., sitting in the audience, began to cry.
As the hearing drew to a close, Petersen called to Lord on the Zoom, “I’ll see you on the eighth, Justin.”
C.V. told Lake County News after the hearing that she fears for the safety of her children and herself. She said Lord has a history of violating protective orders, explaining she has had seven of them against him.
She said there is video of him chasing her through Konocti Vista Casino.
“It’s endless,” she said.
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