Mental health diversion OK’d in Half Moon Bay hay fires case

She told a neighbor that she burned the hay to prevent a cult from committing a massacre, police said. Berlin took pictures of the first blaze and had told firefighters that the incident was about a zombie apocalypse, police said.

Berlin was driving July 6, 2018, near State Route 92 and Cañada Road in Redwood City when police tried to stop her car and she fled at 100 mph before the California Highway Patrol stopped her in Atherton.

Prosecutors had objected to mental diversion based on the seriousness of Berlin’s criminal conduct and the danger to public safety.

District Attorney Steve Wagstaffe said Friday that the state law for mental health diversion requires consideration of public safety. All the fires in California helped spur the concern about public safety, Wagstaffe said.

The defendant in a case that goes to trial can still receive mental health treatment, he added.

Judge Donald Ayoob denied the prosecution objection and granted Berlin mental health diversion.

Defense attorney John Elworth said Friday that judges at two separate hearings considered information from the District Attorney’s office, probation and mental health professionals about mental health treatment.

“The decision to formally admit her to the diversion program was entirely appropriate given that her case meets the criteria set forth by the Legislature,” Elworth said.

ryan@smdailyjournal.com

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