The defense for Savannah Aurora Lopez was told to resubmit a mitigation packet after prosecutors indicated Lopez was not eligible for the retail-theft diversion program and would require a mitigation packet for consideration into a pretrial intervention (PTI) program.

Defense counsel said the most recent email from the prosecutor was dated June 4 and had concluded Lopez was not eligible for retail-theft diversion and that the state required a mitigation packet for any PTI entry. The judge asked the defense to resubmit the mitigation packet and asked the parties to try to obtain an answer by the next setting on Oct. 14.

No determination on PTI acceptance was made on the record at the status hearing; the judge set Oct. 14 as the next status date and asked that the mitigation materials be resubmitted sooner to allow the prosecutor to respond.