"James Fotherby is expected to return to Napa County Superior Court on March 17, when parties in the case will discuss whether he's suitable for such diversion, which sidesteps jailtime. If approved, he would receive mental health treatment for up to two years and avoid jail if he completes specified programs and meets other mandated terms and conditions. In the meantime, Fotherby's status as a peace officer has been suspended by the county."
"In the motion, Chikhani said a therapist thinks Fotherby suffers from obsessive compulsive disorder, post traumatic stress disorder and sex addiction. Furthermore, according to the motion, Fotherby maintained an amicable relationship with his family for months after the photos were discovered, hasn't captured any unlawful images since September 2024 and is not a threat to the public. "Mr. Fotherby has been in therapy for the past 13 months," Chikhani wrote in the motion."
James Fotherby, a Napa sheriff's deputy, faces misdemeanor charges for invasion of privacy and distribution of a private image causing emotional distress after allegedly taking and sharing explicit photos of his wife. Defense attorney Laina Chikhani seeks mental health diversion, asserting that a therapist diagnosed Fotherby with obsessive compulsive disorder, post-traumatic stress disorder and sex addiction. Diversion would provide up to two years of mandated treatment and allow Fotherby to avoid jail if he completes specified programs and conditions. Fotherby's peace officer status is suspended, he pleaded not guilty, and a domestic violence restraining order alleges additional violations.
Read at The Mercury News
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