Bailiff accused of battering state attorney

November 17, 2015

justice 2The San Luis Obispo Tribune has obtained video footage of a bailiff wrestling a female deputy attorney general to the floor of a SLO courtroom.

On Oct. 20, the bailiff, a San Luis Obispo County Sheriff’s deputy, arrested state attorney Jennie Mariah Kelly for resisting or obstructing a peace officer. The incident occurred during trial in a wrongful termination case against the California Men’s Colony and Atascadero State Hospital.

During the case, Superior Court Judge Barry LaBarbera admonished Kelly several times about her courtroom demeanor. When LeBarbara called a 15 minute recess on Oct. 20, Kelly began shouting and acting in an unprofessional manner toward the opposing attorney, Timothy V. Magill, according to a sheriff’s office report.

In the video recording, Kelly is seen waving her pen and speaking at Magill. The bailiff then approaches Kelly, and the two begin arguing.

The bailiff appears to grab both of Kelly’s hands and hold onto them for a few seconds until Kelly jerks away. Kelly and the bailiff then struggle, and the deputy takes her to the ground.

Kelly reemerges into the video screen shortly later with her hands cuffed behind her back

The Tribune obtained the footage through a public record’s request. There is no audio in the video tape.

The district attorney’s office has not filed formal charges against Kelly, as of Monday evening. Prosecutors have not completed their investigation into the incident, though, a DA’s spokesman said.

Kelly has retained attorney Kara Stein-Conway who said the bailiff battered her client.

Stein-Conway said the incident was a gross and unjustified overreaction to lawful conduct by Kelly. The bailiff battered her, forced her to the ground and pressed her head up against a metal rail, Stein-Conway said.

The sheriff’s office says Kelly refused the bailiff’s attempt to calm her.

LaBarbera canceled court for the remainder of the day following the arrest. Kelly was back in court defending the state on the following day.

The trial ended Nov. 9 with a judgment that favored the state.


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what the

Bailiff thought because the judge was mad at her no one would notice. He took the bait, hook, line, and sinker, dumbass.


joseywales

law enforcement has become a law unto itself….endless use of force…..


MaryMalone

The deputy over-reacted to the attorney’s actions and reactions. You don’t take someone to the ground because you don’t like the volume at which they are speaking, the words they use to express themselves, nor the non-harmful gesticulations they make to express themselves.


In short, just because a bailiff interprets someone in the courtroom is acting like an asshole doesn’t mean they have the right to batter them to the ground.


OldNed

A bailiff has an obligation to maintain order in a courtroom. No one has the “right” to yell or to use inappropriate language in a courtroom. According to reports,this attorney had been warned repeatedly. Having audio would help, but the bailiff appears to have tried to calm this attorney without any physical contact. The same rules don’t apply in a courtroom that apply in most of the rest of the world. Experienced attorneys like Ms. Kelly know that.


what the

We’ll see how that works out for him, Old Ned. “Just doing my job,” might not work.


OldNed

Dealing with what appeared to be a screaming lunatic in the courtroom? Yeah, that’s part of his job.


Pelican1

The bailiff was simply doing his job. The state attorney of all people should have known when she was out of line and in contempt of court. Had it been any plaintiff or defendant they would have been treated the same way for refusing to follow the judges instructions.

She got EXACTLY what she deserved.


SLO_Johnny

Just imagine how the sheriff’s deputies behave at the county jail. So many law enforcement officers are too quick to resort to the use of force. The deputy only gave a minor effort to deescalate the situation without resorting too force. No one was in danger and the attorney certainly wasn’t attempting to flee and she hadn’t attacked the deputy.

It’s an improper use of force.


Slo805

When do you hold the person responsible for their actions? Read the article, she was admonished by the judge SEVERAL times for this behavior. It is up to the bailiff to make sure its upheld. An Assistant Attorney General for the state should BE the example to other attorney’s not act this way and refuse to listen. It’s ridiculous. I’d be on your side if she stopped when asked, and then this happened. But you’re wrong and so is she. She should not receive special treatment because of her political position. If you did this in court the same thing would have happened.


SLO_Johnny

No one should be grabbed and slammed to the ground for briefly losing their temper and raising their voice. The lady didn’t threatened anyone, didn’t hurt anyone, and didn’t try to flee. Court was in recess.

Just because someone doesn’t instantly comply with the officer’s request, officers don’t have the legal authority to escalate the situation and resort to violence. Either or both people could have been seriously injured.


Slo805

You’re right. You should do what you’re told by the law, the you are supposed to uphold, especially in court. And look up what admonished means. How many chances do you want her to have? This is exactly why the judge amonished her. Did you read that she also asked for a mistrial 3 separate times? Maybe she acted this way hoping this would cause it. Why don’t you blame her for not listening? And how do you know she didn’t threaten anyone? Why is she allowed to resist arrest? Court is in recess it doesn’t mean you do whatever the hell you want.


jonhartz

Dang, this is the funniest thing I’ve ever seen in a SLO courtroom! They have nice little holding cells there, where the prisoners wait for court, so she sat all day in a 6’x6′ windowless pen to wait her ride in the van back to the main Jail for booking….sweet! Maybe this will teach her how to behave in court…


TaxMeAgain

Why no audio?


Slowerfaster

One cannot resist arrest if there is no foundational act or charge that would warrant arrest.


The bailiff is the one that should be arrested. He acted violently without provocation.


Mr. Holly

This will be an easy one. Write her a check and get it over with, just business as usual, Admonish the deputy since he is at the bottom of the pecking order and everyone should be happy. That is, except for the taxpayers and the deputy who will be considered at fault.

Another courtroom drama. And the Oscar goes to Ms. Kelly.


Slowerfaster

Make the bailiff pay. Or better yet, make the requisite Union pension fund pay …so it affects all of them. Then LEO’s will stop supporting the bad apples amongst them.


indigo1955

I saw the video and it was excessive and extremely shocking. But, hey, anyone, anywhere ought to be able to shut some bitch up (even if she has a right to be in the courtroom and has free speech like everyone else). They should then have the right to toss a little green-back at the situation to bury the whole thing….right?


justbeware

You completely forgot about the judge.

No one has the right to free speech in a courtroom- – -no one gets to say whatever, whenever they choose- EXCEPT the judge.

If she was admonished to pipe down but didn’t, she can forcibly be removed just as any other person in the room would have been.


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