District Attorney Dan Dow rebukes Judge Matt Guerrero’s ruling

December 11, 2020

Statement from SLO County District Attorney Dan Dow

First, let me be clear I have deep respect for the judicial process and the judges who are called to make difficult decisions.

With that in mind, I respectfully and strongly disagree with Judge Guerrero‘s findings and decision to recuse the District Attorney from prosecuting criminal activity that occurred during this summer’s protests. The law is clear that in order for a district attorney to be recused there must be an actual conflict of interest and the conflict must be so grave as to render it unlikely that the defendant will receive fair treatment during all portions of the criminal proceedings.

There is absolutely no conflict in this case. To the contrary. While I have been personally attacked on many occasions since the arrests in these cases, I have continued to conduct my duty in a manner that is above reproach without bending to popular opinion and public pressure. I am proud of the professionalism that our office has maintained under months of immense public pressure. We have thoroughly, fairly, and objectively reviewed volumes of evidence, conducted additional independent investigation, and made every decision based on the facts and the applicable law. We have never wavered from our steadfast commitment to ensure that every defendant receives fair treatment while we perform our important Constitutional duty.

To recuse an elected district attorney who has been chosen by the voters of San Luis Obispo County to enforce the law in our community without any evidence of an actual conflict undermines the role and independent nature of an elected prosecutor and sets a dangerous precedent.


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Kioren Moss

So move the trial to Kern County. Problem solved.


Jorge Estrada

Arata’s photo show’s a gleefully victorious defendant. I hope she can savor the moment because she truthfully deserves to serve time for her stunt which endangered many. I have faith in our legal system to hold her accountable for the crimes as charged. We certainly can not tolerate more of the same.


Buchon

Take a step back from all rhetoric, from all the bobbing-and weaving for a moment.


The VIDEO evidence is rock-solid. Arata and company are guilty. Their only hope is to lie their way out of it, along racist lines.


The lasting damage this criminal and her sycophants have done to our community is sickening.


Given the hard evidence, if they’re not convicted, it would have nothing to do with guilt/innocence. It’ll have to do with corruption.


copperhead

When the defendants get off with a lifetime immunity from prosecution, that should be really interesting.


Buchon

You mean “sickening.”


Eyes Everywhere

I believe someone will step forward from the DA’s office, most likely a woman, and challenge Dow in 2022.


mazin

I voted for Dow over Tony C. I regret that vote.


bischbubba

How come?


kayaknut

How about because he let a rapist cop go free?


Reality Check

Outrageous! Dan Dow is fair and has gone above and beyond to make sure the protesters are treated fairly, while being held to account for their crimes. Next the judge will just let these wrong-doers go free without paying for their crimes.


mb business owner

Right…..


nunsense

So if the DA’s office has bias how can any person of color be prosecuted in SLO county. All the defense has to do is cite this case.


mazin

Insightful! And for additional material, “Judge Guerrero … ordered prosecutors to provide correspondence between law enforcement and prosecutors and for forms reflecting cases referred for prosecution for black clients over the past 20 years, which they had requested to show systemic racism in local law enforcement.”

We %#*@ in our own mess kit.

Apolitical, unbiased law enforcement officers/officials is the ONLY way to go. Prerequisites for the jobs.

We, along with our excellent law enforcement and DA’s folks, are NOT a group of small town bigots. But we sure could be painted that way with these cases. The defense attorneys crave the national attention.

The whole prosecution is a loser. Cut bait, imho.


kevin rise

Rhetoric might get votes, but In the DA and Trumps case in the recent Supreme court ruling against his loss, Democracies ethics dont see race, religion or political affiliation. The judge ruled in favor of Democracy. Too many politicians around here are too opinionated.


mb business owner

Bingo!