Dr. Bains Calls Out “Epstein Loophole” in Scrivner Case

(Bakersfield, CA) October 7, 2025 – Dr. Jasmeet Bains (D-Delano) expressed outrage after a motion for mental health diversion was submitted in the court case against former Kern County Supervisor Zachary Scrivner, who is facing multiple felony charges.

"There is no mental health condition that forces someone to touch a child inappropriately," said Dr. Bains. "Not to mention allegedly doing so while being in possession of illegal firearms. If these allegations are true and treatment is warranted, that care can be delivered behind bars. If the allegations are not true, why ask for diversion?"

In February, the California Department of Justice (DOJ) charged Scrivner with five felonies: three counts of willful cruelty to a child and two weapons charges. Despite the DOJ's complaint stating that Scrivner "consumed mind and/or mood-altering drugs... got into bed with and subsequently touched [a child] inappropriately," the complaint did not include any child sexual abuse charges.

Dr. Bains submitted a letter to Attorney General Rob Bonta questioning the lack of sex abuse charges. In her letter, Dr. Bains asked if Scrivner's alleged consumption of drugs had factored into the DOJ's decision not to bring such charges. The DOJ has not responded in writing to Dr. Bains' letter and has provided only limited details, citing the ongoing nature of the case.

The motion for mental health diversion announced this week is prohibited by state law in cases where sex crime charges are brought, including the charge of lewd or lascivious acts on a child under 14 years of age.

"They have left an Epstein loophole open in this case," said Dr. Bains. "Even if the DOJ was unsure they could prove every charge in court, they should still have brought charges reflecting the evidence in their complaint that alleges Mr. Scrivner 'got into bed with and subsequently touched [a child] inappropriately.' Failing to do so may result in no jury, no jail time, and no justice."

Once a motion for mental health diversion has been submitted, judges retain significant discretion to determine whether to grant or deny the motion.