March 13, 2021
The 2nd District Court of Appeal determined this week that the San Luis Obispo County Superior Court Appellate Division will hear the Attorney General and District Attorney’s appeals of Judge Matthew Guerrero’s recusal of all county prosecutors in the cases of a group of Black Lives Matter protestors who detained people on Highway 101 last July.
In early January, state and local prosecutors filed two appeals each, 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. Generally, the 2nd District Court of Appeal hears felony appeals while a panel of three SLO County Superior Court judges rules on misdemeanor appeals.
Attorneys for BLM protesters take another swipe at SLO County prosecutors
March 1, 2021
By KAREN VELIE
Attorneys for two San Luis Obispo Black Lives Matter protesters are asking the court to hold prosecutors in contempt of court for allegedly withholding records they were court-ordered to provide.
Attorneys Patrick Fisher and Curtis Briggs, who represent protesters Tianna Arata and Robert Lastra, filed a motion last month asking the court to incarcerate SLO Deputy District Attorney Delaney Henretty and California Deputy Attorney General William Frank for not providing all requested documentation. Fisher and Briggs assert there has to be more correspondence between law enforcement and prosecutors than has been disclosed.
BLM protesters file claims against SLO County District Attorney
January 31, 2021
By KAREN VELIE
Three BLM protesters have filed claims against San Luis Obispo County District Attorney Dan Dow alleging discrimination, bias and malicious prosecution over charges related to a July 21 rally in which property was damaged and vehicles blocked. The protesters are seeking damages in excess of $10,000 each.
Lawyers for Tianna Arata, Sam Grocott and Robert Lastra claim their civil rights were violated when they were charged with multiple misdemeanors and, in Lastra’s case, a felony charge.
They cite a SLO County Superior Court Judge’s decision to disqualify Dow and his office from prosecutions in connection with the protest as evidence showing that Dow engaged in discrimination against them.
–California Attorney General Xavier Becerra’s Office last week appealed a judge’s order that disqualified the San Luis Obispo District Attorney’s Office from prosecuting Tianna Arrata and several other defendants. Arrata and the defendants allegedly committed criminal acts during a July protest in San Luis Obispo.
The filings read, in part, “The Attorney General of the State of California appeals, pursuant to Penal Code section 1424, subdivision (a)(1) and (2), and in accordance with section 1466, subdivision (a)(1) to the Appellate Division of the San Luis Obispo County Superior Court, from the Court‘s December 11, 2020 order recusing the San Luis Obispo County District Attorney’s Office…”
District Attorney Dan Dow.
Judge Matthew Guerrero pointed specifically to a Sept. 4 campaign fundraising email sent by Dow and his wife and paid for by his re-election campaign that sought financial donations and claimed that Dow was “leading the fight” against the “wacky defund the police” and social justice movement, reports say. That email was sent just days after his office filed charges against alleged protest organizer Tianna Arrata.
The case will now be sent to the California State Attorney General’s Office.
Dan Dow released the following statement in disagreement with the decision, saying that there was no conflict of interest: