Appellate Court ignored the factual record

September 2, 2022

District Attorney Dan Dow

Opinion by District Attorney Dan Dow

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

With that in mind, I respectfully and firmly disagree with the trial court‘s procedure, findings, and decision and the Appellate Court’s apparent disregard of the facts that were disputed and the law that was presented in our appellate briefings. The opinion itself contains factual inaccuracies – including an erroneous date referenced as the date which my office filed criminal charges against the defendants and an erroneous assertion that only one defendant was charged on that date.

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 defendant will receive fair treatment during all portions of the criminal proceedings. I firmly agree with the Attorney General’s written briefs that persuasively and objectively prove that this standard was not met.

Unfortunately, the court appears to have ignored the portions of the factual record that prove we were measured, thoughtful, and unbiased in our application of the law in exercising our sacred duty as prosecutors. Every public statement about the case, through official press release and social media post support the conclusion that we were not persuaded by political speech for or against prosecution of the accused. But rather, proved that we were fair and impartial.

Perhaps the judge imposed the duty that applies to him as a judicial officer rather than the duty that applies to prosecutors. Prosecutors are inherently advocates for a particular side – representing society’s authority to enforce the law against law breakers.

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 my staff 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 the district attorney and the entire district attorney’s office without clear evidence of an actual conflict that renders the prosecution unfair, undermines the rule of law, undermines the independent nature of an elected prosecutor, and sets a dangerous precedent for prosecution forum shopping.


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GreatGuy

If Dow cared as much for the community as he does his own résumé, he would be glad that the trial is taking place outside of San Luis Obispo County. We don’t need the trial in our county. There is no benefit whatsoever to having the trial in our county. Dow needs to let go. The very fact that he is so eager to take on the trial already suggests some form of prejudice on his part. It makes perfect legal sense to move the trial outside of our county.


mazin

Don’t fund raise off of potential prosecutions, simple.


commonsenseguy

It appears the blm insurgent group will get away with terrorising a local community while spewing profanity filled hate speech, blackmailing businesses, threatening the lives of children, and a pregnant woman, not to mention the multiple laws they broke and attack of a police officer.

All the results of a liberal judge who does not stand for the rule of law for all. No faith in our system when personal agendas and politics leads a judge’s decision. A blatant failure and fairness to the innocent victims of this nationwide insurgent group called blm. Their hateful racist actions have no place in this nation.


kettle

“Their hateful racist actions have no place in this nation.”

Their?


MrYan

This would not have even been an issue for Mr. Dow if he didn’t decide fund raise off of this case prior to its adjudication. It was that letter he sent out that caused this. Nothing more. Quit complaining about this and move on.


commonsenseguy

Wrong. This wouldn’t of been an issue in this hate-filled insurgent group didn’t terrorise our local communities. They are the ROOT cause. Fact!


kettle

commonsenseguy: Unfortunately, racism and bigotry isn’t limited to just whites. The failure to see both sides guilty of these, shows a definite disconnect with reality and the truth of facts. I’ll say it again. Blinded by your own ideology.


commonsenseguy

I agree with you. All ethnicities have racist among them. It just seems some ethnicities are given a pass and their actions are justified and excepted. Why? Hate and prejudices justified? I live in reality and have seen the racism towards me and my family for years. No disconnect on my end. I see it, and call it out when other choose not to. There is racism across the board, but only certain ethnicities are held accountable. The blm group are bigoted racist.


kettle

“No disconnect on my end. I see it, and call it out when other choose not to.”


When we see you calling out white racists, calling them terrorists over and over like you have done to these people of color we will know there is no disconnect, until then….


Choosing to only call out “some ethnicities ” because “only certain ethnicities are held accountable” and “some ethnicities are given a pass” is what?


And no I am not defending the actions on that day, they get their day in court.


commonsenseguy

Many of the local blm insurgents are white. The same for many blm insurgents nationwide. These who follow this insurgent group no matter what ethnicity they are, represent bigotry, racism and hate. So in fact, look for yourself, I do call the white racist across this nation. Antifa and blm are majority white. Thousands of videos to back this as fact.


kettle

“It just seems some ethnicities are given a pass ”


When we see you calling out white racists, calling them terrorists over and over like you have done to these people of color we will know there is no disconnect, until then….


“I do call the white racist across this nation” not here.


MrYan

And they would have been tried here, in SLO, if our DA didn’t decide to fund raise off the case before going to trial.

That is the one fact you don’t seem to understand. Our DA screwed up with his actions making it harder for you to see the outcome you desire; a conviction.


Enjoy the discussion of race. My point focused on competence.


Jorge Estrada

I know Dan Dow to be a reasonable human being, as for the legalese, my technical training and his legal training are worlds apart when it comes to a qualified opinion. As for the mob scene blocking the freeway through the middle of San Luis Obispo, not only was that extremely dangerous to all, it created a dangerous and violent frenzy that resulted in property damage. Let’s call this an insurrection type crowd that exceeded the danger threshold of the claimed insurrection on our nation’s capital. Fortunately, in our local case no police officer discharged a firearm on the unarmed public. We are lucky that our law enforcement didn’t get caught up in that violent event that was promoted and attended by an unhappy individual, thence other individuals.


kettle

Dan Dow only does whats good for Dan Dow.


Has anyone ever been prosecuted for perjury under Dan’s watch?


Also “Let’s call this an insurrection type crowd that exceeded the danger threshold of the claimed insurrection on our nation’s capital.” Bullshit.


Jorge Estrada

I won’t be the first to call black kettle lives matter too.