State attorney charged over SLO courtroom brawl

February 18, 2016

justice 2San Luis Obispo County prosecutors have charged a state attorney with a misdemeanor count of resisting a peace officer for her role in a courtroom wrestling match with a bailiff. California Deputy Attorney General Jennie Mariah Kelly will appear in San Luis Obispo Superior Court for an arraignment hearing Thursday morning.

On Oct. 20, the bailiff, a San Luis Obispo County Sheriff’s deputy, wrestled Kelly to the ground of a SLO courtroom. The incident occurred during trial recess in a wrongful termination case against the California’s Men’s Colony and the Atascadero State Hospital.

The bailiff arrested Kelly for resisting or obstructing a peace officer.

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

In a video recording of the incident, Kelly is seen waving her pen and speaking to the opposing attorney. 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. She was then cited and released.

Attorney Kara Stein-Conway, who is representing Kelly, 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, the defense attorney said.

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

Kelly returned to court the day following her arrest and continued defending the state. The trial ended Nov. 9 with a judgment that favored the state.


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rockhound1965

As,someone who had a good case, facts, and the law on her side…. I can attest to Judge LaBarbera being very prejudicial & favored towards people who contribute to his campaign. Cronyism and his name go hand in hand.


Thus us what the “good” judge taught me, in his words: “court is not about justice. It’s about legalities”. Michael Seitz was the attorney we were going against. We had Federal, State, & county laws on our side, backed by SLO Code Enforcement,and the County of S.L.O……but the good judge picked the guys who had the most $$$$.


Pelican1

Leave It To Beaver” would never cut it today…June would have had to graduate from university, get a law degree, scrap the dress and heels, and go to work for the state.

Poor Ward.


adustum

That’s sexist.


Pelican1

NO…that was reality just a few short decades ago..


achillesheal

What was the dirtiest thing ever said on 50’s television?


It’s when June Cleaver said: “Ward, you were awfully hard on the Beaver last night”.


How’s that for sexist!?


kettle

What was the dirtiest thing ever said on Government regulated broadcast 50’s television?


Your example is broken, like the today’s GOP.


Pelican1

No, no no…Soupy Sales has it ALL over those weekly `family“ shows. Now he was class!


fishrman

Her conduct demeans the Legal Profession…A veteran Deputy Attorney General should exemplify the highest standards of professionalism and courtroom etiquette…Thank goodness she is not a member of the SLO Bar Association (which despite the occational dust up between judges) generally prides itself on courtesy and collegiality between counsel.


mej

I know two crooked local attorneys. I think crooked is worse that lack of etiquette.


October

Just two?


mej

……….”Kelly is seen waving her pen and speaking to the opposing attorney.”


How dare she.


T-Bone

The bailiff should have handed her a loaf of bread, some mayo and some pastrami, stand back and her female instincts would have kicked in and she would have made a sandwich and calmed down right away.


adustum

Sexist. You must not think much of yourself if you have to make such a demeaning statement, and obviously intimidated by bright women.


T-Bone

It’s a joke not a dick, don’t take it so hard.


kettle

Not funny, f#ck off back to the 50’s.


Skip Tracer

The deputy was out of line when he grabbed her wrists, much less when he slammed her. Egomaniac. This will be an interesting case.


horse_soldier

The attorney was out of line when she didn’t keep her mouth shut and refused to comply with an officer of the court. Who does she think she is?


TWEEKSBALMER

Because she is a lawyer does that mean she doesn’t have to obey a law enforcement officer?


abigchocoholic

http://thefreethoughtproject.com/video-bailiff-tackles-deputy-attorney-general-courtroom/


Watch and learn. The deputy totally singles her out. Nobody there was ready to walk out of the courtroom. Nobody else got up to walk out which normal people would have done had the deputy announced it’s either leave right now or get arrested. This demonstrates there was no advance notice, let alone a reasonable amount of time notice.


The deputy never gives the AG a chance. Within 8 seconds he goes from talking to her to trying to grab her wrists. 8 seconds! 8 seconds for an emotional Attorney General in the middle of a case to switch gears and realize this deputy is seriously attacking her in her own courtroom for not jumping to obey his commands.


Sad. All the way around sad. Undoubtedly the deputy was irked by her words either to the Judge or the other side. You can see it in how he gets in her face as she’s talking to someone else. The deputy totally over-reacted. All he had to do was give her a warning that she would be arrested and removed if she—and everyone else– didn’t obey and leave the courtroom within 30 seconds.


Now, some small time Deputy DA has to prosecute this case and the AG is going to probably take it to a jury trial to preserve her reputation. These are all good people on the same team. It’s called lose lose all the way around. Government stupidity at the expense of the taxpayers.


Jim Anderson

Our law enforcement officers need to “obey” brutality laws. If the officer was in fear of his safety or the safety of others then by all means, but to brutalize a woman of the court because she doesn’t “obey him” may turn around to bite him. That is probably why they are taking offensive action now. There may be some action against him coming.


TWEEKSBALMER

She wasn’t brutalized gravity helped and she resisted a law enforcement officer so let the chips (or your ass) fall where they may.


Skip Tracer

With the name Tweeks in it I am sure that you are familiar with getting the hammer from law enforcement. In your case, it is justified. Supporting the abuse of women in any case shows who are, punk.


abigchocoholic

What a joke. Typical government mentality. Making a giant mountain out of the smalles mole hill. This is now going to be a 20k-100k issue depending on how far it goes and it’s all on the taxpayers’ back. You know why they are doing this? Because it’s not their money and they have no perspective.


The attorney was emotional (probably hormone related) and wrong and the ridiculous deputy totally over-reacted. There is no need to throw a female attorney to the ground in the courtroom just because she doesn’t respond to you as if you’re her drill sergeant.


Normal people would let this go until and unless it became a regular problem. Only govt. employees aren’t normal. They all get skewed by their lack of being tied to private enterprise.


adustum

“probably hormone related”. Men have hormones. Why not say the bailiff’s hormones caused his behavior?


abigchocoholic

“probably hormone related”. Men have hormones. Why not say the bailiff’s hormones caused his behavior?

———————

They undoubtedly did as every behavior is caused by hormones.


The article says the AG was admonished several times by the Judge and was yelling at opposing counsel and pointing at him indicating she out of control. And the deputy got in her face and nobody else’s a for a reason. And her response to him grabbing her was toddler like. She was basically throwing a fit.


Men do not have menopausal hormones or even the drastic monthly swings in hormones that many women have to deal with. Anyone who’s ever worked with women in power positions knows what I’m talking about. I don’t know why we, as a society and culture, try to deny that it exists.


SteelyDove

There’s no denying that hormones affect males and females. As a female, I have felt my inner she-wolf threaten to appear every now and then, and that’s when I know that I need to take a step back, for everybody’s sake. It’s just common sense.


But let’s not forget about what I fondly call “testosterone poisoning” …you know, when the effect of testosterone on a male’s brain turns him into a raging idiot. As abigchocoholic said: “I don’t know why we, as a society and culture, try to deny that it exists”


SLOBIRD

As I recall when there was a video clip on this site it appears that the bailiff was out of line for his behavior. Maybe we could get the video reposted!


adustum

Gee, maybe the bailiff’s behavior was hormone related.