SLO County DA: Appeal in Tianna Arata case likely coming in ‘the next few days’
San Luis Obispo County District Attorney Dan Dow said Wednesday that a court challenge in the Tianna Arata case is imminent as he continues to oppose a judge’s disqualification of his office.
Asked Wednesday by KVEC radio host Dave Congalton if his office can and will appeal Superior Court Judge Matthew Guerrero’s ruling in the cases against 20-year-old activist Tianna Arata and others over a July protest in San Luis Obispo, Dow said it’s “very likely.”
“Yes, we can and we are in discussions right now with the Attorney General’s Office and my staff,” Dow told Congalton at the beginning of the segment. “It is very likely that either the attorney general or my office — or both — will file a notice of appeal within the next few days.”
Later in the interview, Dow declined to comment on the specifics of Arata’s case to callers “because we might be back on the case.”
A representative from the Attorney General’s Press Office responded to an emailed request for comment by saying that the agency is reviewing the court’s order and would respond to The Tribune when there are any updates.
Arata and her three co-defendants face a host of misdemeanor charges including false imprisonment for alleged actions during a July 21, 2020, Black Lives Matter protest in which about 300 people marched onto Highway 101, blocking traffic.
On Dec. 11, Guerrero responded to several motions filed by the defense by disqualifying Dow and his entire office from prosecuting the case of Arata and two separate but related cases.
Though Guerrero listed as support of a “clear conflict” a series of comments and public appearances related to opposition of the Black Lives Matter movement, Guerrero’s ruling focused on a campaign fundraiser that appeared to reference the case.
In that email, Guerrero wrote in his ruling, Dow’s re-election campaign sent an email to supporters that sought financial donations and claimed that Dow was “leading the fight” against the “wacky defund the police” and social justice movement.
Dow has previously criticized Guerrero’s ruling, saying no conflict exists.
A trial setting conference for Arata and her co-defendants is scheduled for Jan. 19, after the deputy attorney general assigned to the case, William Frank, requested 30 days to review evidence provided by the DA’s Office.
‘I believe the law’s on our side,’ Dow says
During the Congalton radio show Wednesday, Dow said that it is within his office’s purview to challenge the ruling by filing a notice of appeal to the state appellate court.
The Attorney General’s Office also has the ability to appeal the ruling, continue to prosecute some or all of the alleged offenses in the cases, or move to dismiss the charges.
Asked by Congalton whether he believed the Attorney General’s Office — which Congalton described as “controlled by the Democrats” — would pursue the case, Dow declined to comment.
“I don’t really want to comment whether they’re controlled by Democrats, quite frankly, the role of a prosecutor ... needs to be separated from politics and believe it or not, I’m committed to that,” he said.
But Dow appeared to say that an appeal to the higher court was simply a matter of time.
“I believe that this particular ruling by our judge here in our county was in error, and I believe the law’s on our side, that the case should not have been taken from our office, and the recusal should not have been granted,” Dow said. “But we’ll have to wait and see.”
He added: “Either way, we respect the courts and we’ll see it to the end, and we’ll take whatever decision is made at the higher level.”
But Dow also clarified to Congalton that the immediate decision is up to the Attorney General’s Office.
“Once it’s been given to them, they have full authority and discretion to do anything, up to dismissal, or work out some sort of a plea agreement,” Dow said, noting that his office never had the opportunity to discuss with the defendants any possible form of case resolution or plea agreement.
He said he was confident his office could have reached “reasonable” resolutions with the defendants.
Dow questions judge’s ruling
Dow also questioned Guerrero’s legal reasoning.
“I’m an advocate ... a judge is neutral. They are forbidden from being an advocate,” Dow said. “And so what I think happened is that Judge Guerrero got kind of caught up in what rules apply to him as a judge and tried to apply that to me as a DA.”
In his defense, Dow said he’s been vocal in his tough-on-crime approach to human trafficking cases, but said he wouldn’t be expected to recuse himself from a human trafficking case.
Dow said the fundraising email Guerrero referred to was “very generally talking about this broader movement across our country where what I believe is happening is the underpinnings of our criminal justice law-and-order system are being torn apart and dismantled by some people with very extreme agendas.”
“It’s OK for me to say that as a DA,” Dow said. “I’m not wedded to political outcome. I’m not wedded to any kind of an outcome except for the truth.”
Congalton also asked Dow about his appearance to deliver the invocation at a California secessionist movement’s fundraiser featuring conservative Black activist Candace Owens. Dow on Wednesday called Owens, who has gained a following with her criticism of the Black Lives Matter movement, “a role model for conservatives across the country.”
Arata case compared to DC riots
When Congalton took calls from listeners, one caller suggested to Dow that the pro-Trump supporters who rioted Wednesday at the Capitol Building in Washington, D.C., may have been emboldened by Black Lives Matter protesters.
“While I totally condemn what those people did today, it is possible that there is a feeling that they won’t get in trouble for that because other groups over the summer didn’t,” the caller said.
“I think we have to at least talk about that,” Dow said. “That’s what this debate is, with the far-progressives trying to undermine our current judicial system ... I think does cause other groups to say, ‘Look, the law’s not going to protect me as a victim, then I don’t have anything else as my last resort to go out and protect myself.’”
He added: “We’re at a crossroads, and I’m afraid that we will have some very negative consequences as a society that I think (the caller) is alluding to.”
Dow did not respond to requests for comment from The Tribune Wednesday, but he condemned the violence in Washington, D.C., in a prepared statement earlier in the day.
Asked by another caller on the radio show if he would prosecute members of the Washington, D.C., mob if a similar event occurred in San Luis Obispo County, Dow said yes.
“If that happened here, I would absolutely be coming out strong against what happened. Not only condemning it, but working closely with law enforcement to find everybody responsible,” Dow said. It doesn’t matter what their point of view is ... if they’re violating the law in a way like that that takes away the rights of others, they must be held accountable and prosecuted.”
Citing Trump’s call for supporters to march to the Capitol Building, the caller also asked hypothetically whether Dow would hold Trump personally accountable for the vandalism and rioting that ensued, in the same way his office is holding Arata responsible for a protest involving hundreds.
“I didn’t see the president’s comments, but all I would say is, look, we had an election, we need to move forward as a country,” Dow said.
This story was originally published January 6, 2021 at 9:03 PM.
