Supreme Court rejects appeal in Tianna Arata case

January 12, 2023

Tianna Arata standing on a highway barrier


The California Supreme Court decided it will not hear a case on whether San Luis Obispo County District Attorney Dan Dow’s personal political opinions jeopardized seven Back Lives Matter defendants’ rights to a fair trial, requiring state prosecutors to replace the local DA’s office.

During a July 21, 2020 march, Tianna Arata allegedly led approximately 300 protesters onto Highway 101, blocking all lanes in both directions for nearly an hour. SLO County prosecutors charged Arata with 13 misdemeanors, and also filed charges against Elias Bautista, Jerad Hill, Sam Grocott, Robert Lastra, Marcus Montgomery, Joshua Powell and Amman Asfaw.

Defense attorneys argued that Dow’s personal political opinions jeopardized the defendants’ rights to a fair trial, and that local prosecutors should be replaced by the California Office of the Attorney General, a request Judge Matt Guerrero approved.

In early Jan. 2021, both state and local prosecutors appealed Guerrero’s ruling to recuse the entire district attorney’s office because it “fell well short of the statutory standard.” They lost that attempt and also a request for a rehearing based on factual errors in an Appellate Court ruling. The Appellate Court then ordered the opinion published in the official record.

Both state and local prosecutors voiced concerns that this case could create a slippery slope, with defendants asking to recuse prosecutors based on their political leanings. In addition, by publishing the order, the case could lead to a lower statutory standard for disqualifying a prosecutor.

In November, prosecutors filed a petition for review with the state Supreme Court.

Following the high court’s decision not to hear the case, the California Attorney General’s Office will take over the prosecution. A pretrial conference for the case is scheduled for Feb. 2 at San Luis Obispo Superior Court.

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Those eager to see Arata convicted should rejoice at this ruling that assures that the San Luis Obispo County District Attorney’s Office will not be handling the case. Our district attorney’s office is not known for its court room skills or being particularly successful when bringing cases to trial. What the office is known for is being good at working out plea bargains, and avoiding trials. Dow tried this with Arata, but his plea bargain scheme was rejected and perhaps that’s why he has been overzealous in pursuing this well beyond what is best for our community. My advice to Dow: let others prosecute this case. You’ve already screwed up enough, and the chance of you prevailing seems to be getting slimmer and slimmer with each flailing effort you have made to hold onto this.

In the mean time, this woman has traveled to Europe, spouts anti white material on social media, plays the victim of this all, asks for money and is currently in Jamaica. Clearly I am doing something wrong with my life by working and being law abiding.

So…how long do we have to say she “allegedly” led people out onto the freeway and blocked traffic when there’s video, photos, her own cellphone videos, and she has already been convicted? Didn’t this already go through?

Dan Dow consistently says the judges are wrong when rulings go against him. Why isn’t he saying the California Supreme Court is wrong? A DA who never acknowledges error is a danger.

Do the crime, spend the time. Lock her up and her cronies.

Guerrero screwed the pooch on this one, ruling our prosecutor has political opinions that jeopardize the fairness of a trial. What about a judge that has political opinions or jury members that have political opinions that differ from a defendant. Infantile!

This ruling is not based on Dows political opinions. It is based on Dow’s ACTIONS and the fact that Dow used the judicial system in an unethical way to try to raise funds for his personal aggrandizement and political gain.

When she is found guilty as she is then she should be required to pay for all the court and lawyers fees associated with the case

Delay all you want; there will be consequences for your unjustified actions. Tough.