C.A. 1st;
A149067

The First Appellate District reversed a trial court order and remanded. The court held that erroneously admitted hearsay testimony prejudiced the defendant's petition for conditional release from a state mental hospital.

In 1990, Jeffrey G. was committed to the State Department of State Hospitals in 1990, after he was found not guilty by reason of insanity of a violent crime. In 2016, defendant petitioned to be transferred to a conditional release program. At a bench trial on his petition, the prosecution called three witnesses, all psychologists or psychiatrists, two of whom had recent supervisory responsibility over defendant's confinement for periods of six months each. These witnesses testified that defendant had difficult personal relationships, leading him to react with hostility and aggression. He was also alleged to have a history of being too aggressive and argumentative in getting his needs met. Finally, these witnesses also testified to defendant's “lengthy history” of rules violations and “inconsistent” attendance at treatment programs, alleging that he attended less than 85 percent of his treatment groups in recent months, had particularly low attendance in a substance abuse treatment group, and stopped attending treatment groups altogether at some point. None of these allegations was substantiated by the record, and defendant's expert witnesses testified that defendant's attendance at treatment groups met or exceeded 85 percent.