Angel Russell/KCBX
A San Luis Obispo County superior court judge ruled Friday the county district attorney’s office is disqualified from prosecuting local Black Lives Matter organizer Tiana Arrata and six others.
Because the judge found a “clear conflict of interest,” District Attorney Dan Dow and his office is now disqualified from further prosecuting a criminal case against Arrata and other BLM protestors, because Dow “sought political and professional benefit and campaign contributions in conjunction with the prosecution,” of Arrata and the other defendants’ cases, according to court records.
In a granted motion to disqualify, Judge Matthew Guerrero lists several instances of Dow publicly airing his views and displaying ‘animosity’ to the Black Lives Matter movement. He ultimately found Arrata and defendants Marcus Montegomery, Amman Asfaw, Joshua Powell, Robert Lastra, Sam Frocott and Dylan Hill would not be able to receive fair treatment during all portions
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:
Tianna Arata is expected to appear in a San Luis Obispo court on Thursday after being arrested on multiple charges connected to a Black Lives Matter protest in July.
Judge disqualifies SLO County District Attorney from prosecuting Tianna Arata case
Posted at 11:03 AM, Dec 11, 2020
and last updated 2020-12-11 18:25:52-05
A San Luis Obispo County Superior Court judge on Friday approved a defense motion to disqualify the San Luis Obispo County District Attorney s Office from further prosecuting the case against community activist Tianna Arata.
Arata, who is charged with 13 misdemeanors in connection with a July 21 Black Lives Matter protest in San Luis Obispo, appeared in court via livestream Friday morning.
In court Thursday, her attorneys argued that District Attorney Dan Dow had made several statements on social media and at public events that show implicit bias against the Black Lives Matter movement.