By KAREN VELIE The Court of Appeal should rehear a dispute over the disqualification of the entire San Luis Obispo County District Attorney’s Office in a case against seven Black Lives Matter…
The Court of Appeal should rehear a dispute over the disqualification of the entire San Luis Obispo County District Attorney’s Office in a case against seven Black Lives Matter defendants because of factual errors and omissions in the record from the trial court, according to the rehearing requests from both the California Attorney General’s Office and SLO County.
While law enforcement sought multiple felony charges against Arata, prosecutors instead charged Arata with 13 misdemeanors. The district attorney also filed charges against Elias Bautista, Jerad Hill, Sam Grocott, Robert Lastra, Marcus Montgomery, Joshua Powell and Amman Asfaw. Three appellate court judges ruled earlier this month that Dow’s personal political opinions jeopardized the defendants’ rights to a fair trial. In his opinion, Judge Arthur Gilbert wrote that the trial court is better at “assessing witness credibility and making findings of fact.” Judge Gilbert then parroted numerous factual errors from Judge Guerrero’s ruling.
The court’s opinion suggests that Arata was the only BLM participant initially charged by local prosecutors. However, prosecutors filed charges against Elias Bautista and Arata on the same day. In a similar vein, in making their decision, the court reported that Dow attended a speech by Candice Owens. The court noted that Dow wrote a letter to thestating that “she spoke the truth,” in an attempt to show that Dow agreed with Owens’ view that BLM “is one of the most racist movements that ever existed in this country.
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