State appeals ruling disqualifying the SLO County District Attorney’s Office

January 8, 2021

District Attorney Dan Dow

By KAREN VELIE

The California Attorney General’s Office on Friday appealed a recent court ruling that disqualified the entire San Luis Obispo District Attorney’s Office from prosecuting local Black Lives Matter organizer Tiana Arrata and six others defendants involved in alleged criminal acts during a July protest.

The state filed two appeals, one in the felony case against Robert Lastra — the protester who allegedly smashed a car window onto a 4-year-old boy — and one in the misdemeanor filings against the remaining six defendants, according to the people’s notice of appeal. The state is asking the SLO County Superior Court to consolidate the two cases for the appeals to insure uniformity in the rulings.

Generally, a three-judge panel from the SLO County Superior Court hears appeals of misdemeanor cases, while the Second Appellate District rules on felony appeals. Because the courts could potentially deliver conflicting results, the state wants the cases combined.

Tianna Arata outside courthouse

During a Dec. 10 hearing, defense attorneys argued that Dow’s personal political opinions jeopardize the seven defendants’ rights to a fair trial. The defendants include Arata, Lastra, Sam Grocott, Jerad Hill, Marcus Montgomery, Joshua Powell and Amman Asfaw.

In opposition to the defense, Deputy Attorney General Zee Rodriguez argued against the disqualification, noting the defense is required to show an actual conflict of interest and not a perceived conflict. In addition, the defendants’ attorneys failed to follow statutory requirements, such as proving affidavits and not relying on unsupported allegations, she said.

SLO County Superior Court Judge Matt Guerrero then ruled that Dow has a clear conflict of interest based on the wording of an email he and and his wife sent to supporters seeking donations. The email asked supporters to help Dow lead the fight against the “wacky defund the police movement and anarchist groups that are trying to undermine the rule of law and public safety in our community.”

Dow, who also does not support the judge’s finding of a conflict of interest, said his office also plans to appeal the rulings later today.

“I am supposed to advocate for justice and safety in our community, judges are supposed to be neutral,” Dow said.


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enoughalready

Don’t ever forget CalPoly football quarterback Jalen Hamler was right in the mix on US 101 blocking traffic yelling at people! But of course he is privileged right? He had value so no prosecution for him. CP should have kicked him out of school


fortyonethirty

First, Arata et al are obviously guilty, there’s video FFS.


That said…


The protests were political. The DA is an elected official. There is obviously a conflict of interest.


Why would anyone fight a move of venue anyway? Who cares which courtroom the trial is in? The fact that anyone cares, is proof that there is a conflict of interest.


sbjcl

Guerrero used to be a defense attorney and had plenty of battles with Dow and his team. This is payback time for the Judge. The Appeals court should see through this biased Judge and rule in favor of Dow.


shelworth

Well I think it’s just shocking that the District Attorney’s office is biased against criminals!


mazin

Here’s a video of the DC MAGA mob deliberately crushing a cop … Oh but let’s talk about Tianna, again, again and again


enoughalready

You typical radical dems … wait long enough and then say that’s old news move on… Hillary defense strategy


mazin

Occurred in the DC riots THIS week. BTW, dems, I wasn’t but AM NOW.


commonsenseguy

Good. You fit right in.


J-Man

I’m glad we can count on the California Attorney General’s office for taking action on SLO County Superior Court Judge Matt Guerrero ruling against SLO DA. Dow should have never been disqualified.


obispan

Dow is a member of an extremist mega-church in the North County. I cannot see him acting out of that paradigm.


RalphKane

Please divulge the name of the “extremist mega-church” which you allege Dow attends.


mazin

And the church is?


Apolitical

What church is that? “Megacurch”? What makes it extremist, God?


mazin

I consider the gospels attributed to Matthew, Mark, Luke as the most reliable first hand accounts of Jesus’ teachings. Epistles of Paul as second hand accounts, 1 Thessalonians, Philippians, Galatians, 1 & 2 Corinthians, Romans, Philemon. That’s what I do. Am I right? Hope so.


Buchon

Why only the synoptics? What’s your issue with the Gospel according to John?


commonsenseguy

It’s all reliable form Genesis through the book of Revelations. It’s woven perfectly. God’s word as He says “is the same yesterday, today, and forever”. He also says His word “will not return void”. I’m assuming you left out the gospel of John by accident. If not an accident, you better find a real bible teaching church brother.


mazin

http://www.earlychristianwritings.com/

In biblical scholarship, the priority of Mark. I consider this gospel the most reliable account, followed by Matthew and Luke.

Dow was being accused of being a member of an extremist mega-church. My point is that we each have our interpretations, and should not condemn others for their beliefs.


commonsenseguy

Can anyone tell me what identifies a church locally as a mega-church? And why is believing in Jesus Christ and living as He calls us to considered an extremist? As a nation, we are reaping what we sowed by falling away from God and His ways. Turning to the god of our own belly brings eventual destruction. Look at where we are as a society as we travel down that fast lane to destruction.


commonsenseguy

We have your back Mr. Dow.


Buchon

Hey, whatever happened to Arata supporter, Elias Bautista? The jerk that kicked the LEO in the groin and then ran like a coward? You know, the guy that claimed to be innocent, even though the incident was videoed and widely disseminated for everyone to see? He must have reached a plea with the DA?


Video: https://www.sanluisobispo.com/news/local/article245267930.html


MrYan

..https://www.nytimes.com/2021/01/07/us/names-of-rioters-capitol.html..


Personally I would be more worried about white supremest’ overrunning LEO’s at the Capitol….while carrying the mantle of Republicanism.


J-Man

Well personally it sounds like your more worried about what was on all of the computers stolen in the secret opp.. Calling what happened in the capitol “Repulicanism” indicates you are so not in touch with what’s going on.


MrYan

It’s ironic. You reply implying a conspiracy theory, and then tell me I am not in touch.

Mobs often pull in otherwise “good” people. I am not talking about those misbegotten souls.

What I do know is the bad ones there were easily verifiable as white supremest, looking to overthrow their government, and not seeking honest redress. Speak to that truth for once. They had zip ties, guns, pipe bombs, and were looking to execute the VP, Speaker, and Majority Leader to start with. I will bet you dollars to donuts that most who get prosecuted will be registered Republicans. Squeal as you might.

Until Republicans realize they have a white supremest, and conspiracy, problem within their party and deal with it we will have more violence in our politics.


mazin

Zip ties were law enforcement style flex cuffs.

Don’t forget the gallows with a noose that the rioters set up. The rioters were looking for Pence who they planned to execute by hanging.

https://twitter.com/i/status/1347577762261970944


commonsenseguy

With all do respect MrYan, get your head out of the sand. The Democrats share in the demise of this once great nation as well equally. They are all of the above as you mentioned and more. Race-Baiter’s, protector’s, and stealth supporter’s, of all the violence in our cities over the last four years with little to no denouncing of it. In fact, many including Kamel Harris who helped to bail out and defend the Antifa and blm nuts. Not to mention their unwavering support of aborting over 1700 and precious children in this nation everyday. They have just as many problems and more to deal with. Speaking truth goes both ways sir.


otisthecat

And I’m sure IF they PROSECUTED any of the BLM rioters they would find that most are registered Democrats. Ariata and her friends can burn our flag that our people have died defending for our country, they can abuse police officers as well as innocent people and businesses, light buildings on fire, overturn cars, loot businesses and tear whole towns apart and all of that is not worse than what took place at the capital? Until democrats realize they have a corrupt terrorist organization within their party and deal with it, we will have more violence in our politics.


mazin

White supremacist extremists, what I call neo-confederates, are a faction of the GOP aligned with Trump. Trump’s brown shirts, if you will. And the “secret opp” you mention, J-Man, was to hold Pence, McConnell, Pelosi, etc. hostage or worse. This was a coup attempt fomented and abetted by Trump and his allies. As Trump said to his mob, “We love you. You’re very special.”

Some on this board are worried about ANTIFA. But the much much large threat are these neo-confederates and Trump. All are traitors to the country.


RalphKane

“Accuse your opponent of what you are doing, to create confusion and to inculcate voters against evidence of your own guilt.”


I see you’ve been reading up on your Alinsky, but your post is still a cheap, off-topic troll