Tianna Arata case: CA appeals court hears arguments from DA
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Melissa Elizalde, left, and Tianna Arata lead a chant at Mitchell Park earlier than the July 21 protest moved to San Luis Obispo streets and Freeway 101. Arata has been charged with 13 misdemeanors for her function within the protest.
dmiddlecamp@thetribunenews.com
Oral arguments had been heard within the California Court docket of Enchantment on Thursday relating to whether or not the San Luis Obispo County District Legal professional’s Workplace must be allowed to prosecute Tianna Arata and 6 different Black Lives Matter activists.
Arata, Robert Lastra, Samuel Grocott, Jerad Hill, Marcus Montgomery, Amman Asfaw and Joshua Powell had been all charged with a number of crimes following a July 21, 2020, rally throughout which protesters marched onto Freeway 101 and clashed with motorists.
Arata faces 13 misdemeanors associated to the protest — together with counts of false imprisonment, obstructing a public thoroughfare and resisting arrest.
Shortly after the District Legal professional’s Workplace filed fees towards Arata, the spouse of District Legal professional Dan Dow despatched a fundraising electronic mail to his supporters paid for by his re-election marketing campaign
Within the electronic mail, Wendy Dow wrote that her husband was “main the struggle” towards the “wacky defund the police” and social justice motion.
San Luis Obispo Superior Court docket Decide Matthew Guerrero cited the e-mail despatched as a key motive to disqualify the workplace from prosecuting the case, writing in his December 2020 ruling that it confirmed a “clear battle of curiosity.”
The District Legal professional’s Workplace and the state Legal professional Common’s Workplace appealed the choice in January 2021, claiming the ruling was an abuse of discretion. They argued that it might “incentivize defendants to abuse” the regulation that disqualifies district attorneys from making an attempt sure instances because of their political beliefs, in response to court docket paperwork obtained by The Tribune.
The appeals case consolidated all seven protest instances into one listening to.
Of their reply, attorneys for the protesters requested the Court docket of Enchantment to uphold Guerrero’s choice.
The protection attorneys cited the fundraising electronic mail and a submit by Dow within the PRotect Paso Fb group the place he defined why he charged the protesters with misdemeanors and never felonies.
The attorneys additionally claimed Dow’s workplace participated in unfair remedy relating to charging choices throughout the protest, noting that the workplace didn’t cost a driver who hit two protesters throughout the July march.
AG: Disqualifying SLO County DA could be ‘extraordinary step’
The District Legal professional’s and Legal professional Common’s Workplaces’ most important argument hinged on whether or not the notion of equity outweighed the fact of equity.
Deputy Legal professional Common Christopher Lee started his argument by calling the transfer of disqualifying the workplace “a rare step.”
“It’s a rare step in a rare state of affairs,” Court docket of Enchantment Presiding Justice Arthur Gilbert responded.
“When somebody is operating for workplace on the idea of going after someone for doing one thing improper, perhaps being elected on that, after which really doing it — it simply appears … to taint the entire judicial system,” Gilbert informed Lee. “This taints the entire course of, and it hurts you as a prosecutor, your workplace, everybody.”
The justice added that, whereas he hasn’t selected the case, he’ll want “some actual convincing” to show round his opinion.
Lee mentioned the disqualification was “based mostly fully on hypothesis” and never about whether or not or not Dow seems truthful, however reasonably about whether or not he’s truthful.
He mentioned that Dow made the PRotect Paso Fb submit in response to criticism that he filed misdemeanor fees as an alternative of felonies towards Arata.
Dow defined within the submit that he can solely ethically cost what prosecutors can show past an inexpensive doubt, Lee mentioned.
Lee famous that Dow responded equally to those that criticized him for submitting fees in any respect and accused him of racism. He quoted an announcement by Dow saying, “I’ll by no means compromise the integrity of this workplace through the use of race or public opinion to resolve whether or not or to not file a prison cost.”
“Do I take a look at it via the district legal professional’s eyes or do I look kind of the eyes of the general public who has to place confidence in its prosecuting company?” Gilbert responded. “What I’m listening to you say is, ‘No, you take heed to what the D.A. mentioned, he informed you what his motives had been. That’s sufficient.’ Is that basically what we’re speaking about?”
Lee responded sure, and famous once more that the case is predicated off the hypothesis of bias.
“No affordable choose may probably provide you with this choice (within the DA’s favor). And I’m at a loss to know the way to write that,” Gilbert mentioned.
Gilbert then requested Lee to put out what he would assume could be in an opinion that will be within the DA’s favor.
Lee mentioned the e-mail despatched by Dow’s spouse was “a generic marketing campaign electronic mail” and that it mentioned “in a nutshell” that Dow was combating laborious for public security.
He mentioned there’s not a particular point out of the Black Lives Matter motion, however reasonably passing references to “loopy protest exercise” and the “wacky defund the police motion.”
Lee mentioned there’s a logical hole between the information of what the e-mail mentioned and Guerrero’s ruling that it posed a battle of curiosity.
He additionally famous that Dow’s tweet in help of a speech Candace Owens made the place she talked in regards to the Black Lives Matter motion amongst different matters didn’t straight point out his ideas or emotions in regards to the motion.
Whereas Dow appeared on Tony Perkins’ Christian radio program in August 2020, Dow solely mentioned COVID-19 insurance policies and restrictions on this system, Lee argued. He mentioned that whereas Perkins might have written an op-ed criticizing the Black Lives Matter motion, the motion was not mentioned with Dow on this system.
Lee added that whereas the members and posts within the PRotect Paso group criticized the Black Lives Matter motion and the protests, Dow’s submit within the group didn’t point out that he agreed with the criticism.
“What makes this such an uncommon case is the marketing campaign to be DA is premised on on these defendants who’re creating havoc and crime,” Gilbert mentioned. “The query isn’t essentially his integrity per se, however simply the notion of justice being truthful in the neighborhood. That’s that’s what’s troubling me.”
Lee mentioned he understands however on the finish of the day “you’ll be able to solely choose the district legal professional’s personal phrases, and his personal phrases say he’s going to observe the regulation.”
DA’s actions transcend simply notion of unfairness, attorneys say
Gilbert then requested the 2 attorneys arguing the protesters’ case, Patrick Fisher and Brian Ford, to exhibit why the DA must be disqualified from the case apart from the truth that Dow was operating for workplace on the problem.
Fisher, Arata’s legal professional, famous that on Perkins’ present, Dow mentioned he wouldn’t prosecute COVID-19 violations in church buildings, which is “based mostly on his personal political and private views of the regulation.”
“He made it clear he disagrees with that regulation. He’s not going to prosecute these violations,” Fisher mentioned.
Fisher famous that Dow, in his PRotect Paso Fb submit, took place of “the regulation is the regulation and I simply should implement the regulation because it’s written, we have now no different selection.”
Even taking out the consideration of Dow’s marketing campaign, Fisher mentioned, there’s nonetheless proof of selective prosecution.
He mentioned it’s important that Dow solely reached out to the PRotect Paso group to elucidate his charging choices as a result of members of the group additionally make up his voting base.
“It’s no secret on this small group that Mr. Dow holds very proper wing political beliefs. He’s very vocal about them,” Fisher mentioned. “When each side are upset with Mr. Dow for what he did, who does he attain out to? He solely reaches out to PRotect Paso, to plead his case to them. And it speaks volumes.”
Not solely did Dow attain out to the group, Fisher mentioned, however his marketing campaign additionally despatched an electronic mail asking for donations “in change for primarily him going after these Black Lives Mater protesters.”
Whereas the marketing campaign electronic mail didn’t particularly point out the Black Lives Matter motion, Fisher added, the one protests occurring on the time in San Luis Obispo County had been BLM protests.
In response to Fisher, Dow’s voting base was upset along with his workplace submitting misdemeanors towards Arata, who’s Black, so he filed fees towards three extra Black protesters. Fisher famous that almost all of protesters on the July 2020 protest had been white.
Fisher added that the occasions that occurred on this case by the District Legal professional’s Workplace is greater than only a notion of unfairness, however reasonably the fact.
In his argument to the court docket, Ford targeted on whether or not the district legal professional’s argument met the burden required to show Guerrero exercised an abuse of of discretion.
He mentioned that whereas the marketing campaign electronic mail confirmed a transparent battle of curiosity, the charging choices within the case present that there was a manifestation of unfairness due to that battle.
For instance, Ford supplied the motorist who hit two protesters with his car throughout the July 2020 protest.
Video submitted by Ford’s workforce to the court docket reveals that the motive force struck one protester who was stationary on their bike earlier than hitting one other protester with such drive that the individual was launched onto the hood of his automobile. The legal professional added that the video confirmed the motive force narrowly lacking three or 4 extra protesters.
The truth that this man wasn’t charged with against the law — and was really deemed a sufferer by the District Legal professional’s Workplace — is important as a result of “despite the fact that the pedestrians are unlawfully within the roadway, it doesn’t permit a driver to then have interaction in open season on pedestrians,” Ford mentioned.
“The issue right here is {that a} driver was not charged, and it’s obvious from the video that some prison cost should have been there,” Ford mentioned.
Ford famous {that a} motorcyclist who hit and hurt a Black Lives Matter protester along with his automobile in a separate incident was charged with a misdemeanor, which reveals a “stark” disparity.
“If (Dow is) charging the Black Lives Matter demonstrators to the total extent of the regulation and all he can get to is misdemeanors, why is it that the individual driving a motorcar with the potential to kill who does strike a protester, who does injure an individual, is barely charged with a misdemeanor?” Ford mentioned. “Definitely felony fees may observe in that occasion.”
“I feel each factor of this prosecution has been tainted, and I feel each a part of it impacts the notion of equity in the neighborhood,” Ford mentioned. “I feel it makes it laborious for the residents of San Luis Obispo County to belief that their prosecutor is definitely going to implement the regulation.”
He added that unfairness can’t be prevented if the District Legal professional’s Workplace prosecutes the Arata case, and requested the court docket to uphold Guerrero’s choice.
Are fees towards ‘SLO Seven’ a civil rights situation?
Ford informed the Tribune that the “SLO Seven,” a time period he utilized to Arata and her co-defendants, had been politicized very early on.
“It doesn’t have the hallmarks of your typical prison justice case. I feel this one seems much more like a civil rights case,” Ford mentioned. “As a result of it’s a civil rights case, I feel that has a a lot bigger influence on our society and our democracy.”
Ford mentioned it raises considerations when the general public solely sees Black protesters being prosecuted.
It’s additionally regarding that the District Legal professional’s Workplace, which has an outspoken political perception, solely chooses to prosecute individuals of a special political social gathering, he added.
“Should you might be prosecuted criminally or the choice to prosecute you is predicated solely in your political affiliation, that basically goes towards the core tenets of what it means to be in a free democracy.”
The legal professional famous that the protest that led to Arata and her co-defendants getting charged “happened due to civil rights points that wanted to be addressed,” particularly the dying of George Floyd in Minneapolis police custody.
In response to a request for remark from The Tribune, Dow thanked the Legal professional Common’s Workplace “for his or her robust advocacy” and mentioned his workplace appeared ahead to the court docket’s choice.
An opinion in regards to the case is predicted to be launched inside 90 days or much less.
This story was initially revealed June 11, 2022 9:00 AM.
Chloe Jones is a courts and crime reporter on the San Luis Obispo Tribune. She is initially from Phoenix, the place she earned her B.A. in journalism and M.A. in investigative journalism at Arizona State College. When she’s not reporting, she loves exploring the outside and spoiling her two rescue canines, Camilla and Bugsy Malone.
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