Former Australia's Next Top Model star Didier Cohen will remain in rehab after a Los Angeles judge granted him a two-year mental health diversion program.
The 41-year-old actor, DJ and former television personality was facing up to eight years in prison after being charged with nine felonies over an alleged violent attack on his father and stepmother at their $4million Malibu home.
Under the terms of the agreement granted this week, Cohen, who now goes by the name Meyer Love Moquin, will walk free under the condition he continues to participate in an outpatient rehabilitation program to treat his mental disorder. If he stays out of trouble for two years, all nine felony charges will be dismissed.
Mental health diversion ruling
Los Angeles County Superior Court Judge Andrea Thompson ruled that Cohen is eligible and suitable for the two-year mental health diversion program after reviewing assessments from psychiatrists and other mental health experts and speaking with the victims.
In a written declaration, Judge Thompson noted that Cohen had been diagnosed with an eligible mental health disorder within the last five years and that the disorder was a significant factor in the alleged offences.
"The defendant's mental disorder was a significant factor in the commission of the charged offence," Judge Thompson wrote. She added that in the opinion of a qualified mental health expert, symptoms of the disorder causing, contributing to, or motivating the criminal behavior "would respond to mental health treatment" and that Cohen "will not pose an unreasonable risk of danger to public safety if treated in the community."
Having already spent the past eight months residing at a residential drug and mental health treatment facility, Cohen was ordered by the judge to spend the next two years as an outpatient in a program at a similar rehab hospital.
Prosecution objections and victim stances
The ruling came despite strong opposition from the Los Angeles District Attorney's office, which urged Judge Thompson to send Cohen to trial where he could have been sentenced to up to eight years in prison if convicted by a jury.
Deputy District Attorney Frederick Engell argued against the diversion program, emphasizing the severity of the alleged assault. Engell told the Daily Mail in May that "the people will be opposing the diversion program" and noted at an earlier hearing that "there were serious injuries to victims in this case."
Engell also highlighted a disagreement between the victims regarding the outcome. He told the court that Cohen's 72-year-old father, David Cohen, supported the arrangement, stating that "his father is pro-mental health diversion" and may have forgiven his son. However, Engell indicated that Cohen's 52-year-old stepmother, Avesta Saaty, may not be in favor of putting her stepson in a diversion program instead of prison.
Defense lawyer Charlie Unger filed the motion requesting mental health diversion, pleading that his client is a troubled man who should not be imprisoned and that supervised treatment would be more appropriate. Unger previously secured Cohen's release on US$300,000 (AU$417,676) bail in November after the former model spent five months in jail following his arrest.
Details of the Malibu home attack
Cohen was arrested on June 26 last year following an incident at the celebrity-rich Malibu residence shared by his father and stepmother. At the time of the alleged offences, Cohen was supposed to be providing elder care for his father.
According to the criminal complaint filed by Los Angeles prosecutors, the alleged crimes "involved great violence, great bodily harm, threats of great bodily harm, and other acts disclosing a high degree of cruelty, viciousness and callousness."
The nine felony counts against Cohen include first degree burglary, elder or dependent abuse, two counts of kidnapping, assault with a deadly weapon, assault by force likely to produce great bodily harm, two counts of making criminal threats, and malicious vandalism.
In count one, prosecutors alleged that Cohen committed first degree burglary by breaking into the Malibu home "with the intent to commit larceny and any felony." Count two charged him with elder or dependent abuse for inflicting "unjustifiable physical pain and mental suffering and, having the care and custody of said victim, wilfully caused and permitted him to be placed in a situation in which his health was endangered."
Counts three and five accused Cohen of kidnapping his father and Saaty "forcibly and by instilling fear." Kidnapping carried the highest maximum penalty of eight years in prison, which would likely represent his maximum sentence if convicted at trial because sentences for any other convictions would commonly run concurrently.
Count four alleged that Cohen assaulted his father "with a deadly weapon, to wit, a glass bottle," while count six charged him with assaulting Saaty "by means of force likely to produce great bodily harm." Counts seven and eight accused him of making both victims scared for their lives by issuing threats "to commit a crime that would result in death and great bodily injury."
The ninth count alleged that Cohen maliciously vandalised Saaty's car. Cohen pleaded not guilty to all nine charges. Prosecutors noted that at the time of his arrest, Cohen was already "on probation, mandatory supervision, post-release community supervision and parole." His own home had previously burned down in the California wildfires.
Rehab program conditions and strict rules
Judge Thompson warned Cohen that if he drops out of the outpatient rehabilitation program for any reason, stops taking his doctor-ordered medications, or refuses to comply with random drug testing during the two years, he will be brought back to court to face trial on the original charges.
The judge also imposed several strict conditions on his release. Cohen is prohibited from owning, using, or possessing any "dangerous or deadly weapons," including guns or knives.
Additionally, Cohen must not use force or violence against anyone or "annoy, harass or molest" his father or Saaty. He is also forbidden from owning, using, possessing, or selling illegal drugs, and he cannot hang out with drug users or dealers.
Career background and recent activity
American-born Didier Cohen built a prominent career in Australia as a model, actor, DJ, and television personality. He became widely known to viewers as a judge and mentor on the television series Australia's Next Top Model, where he worked alongside industry figures including Jennifer Hawkins, Alex Perry, and Cheyenne Tozzi.
Cohen is also a father, sharing a four-year-old daughter named Marigold with his former partner, Chanel Wolf.
With his diversion program underway, Cohen appears to be turning his attention toward a new fashion label. Last Tuesday, he shared a reel of images and videos to Instagram, which stands as the only post on his account after it was completely wiped of all previous posts.
The social media carousel offered a look at his recent foray into painting and featured a jumper emblazoned with paint spatter and the logo "Method," which appears to be his latest business venture. The photo upload also appeared to contain an X-ray of his skull.
