Tianna Arata’s lawyers plan to ask a judge to despise the prosecutors at their next trial on March 3rd.
Police identified Arata as the leader of a protest against Black Lives Matter on July 21, which blocked traffic on Highway 101 in San Luis Obispo. She was arrested and charged with 13 offenses including obstructing a thoroughfare, false detention, illegal gathering, and noise disturbing the peace.
In December, San Luis Obispo Supreme Court Justice Matthew Guerrero ruled that there was a conflict of interest on the part of the San Luis Obispo District Attorney based on a donation email sent to District Attorney Dan Dow shortly after the charges were filed Sent supporters. The judge said the statements made in the email were an attempt to sway potential jurors and get them to make financial contributions.
The judge’s decision excluded the DA office from prosecuting Arata and six other defendants and referred it to the attorney general.
The DA’s Office and the California Attorney General’s Office have appealed the ruling.
Arata attorneys accuse Assistant District Attorney Delaney Henretty and Assistant Attorney General William Frank of delaying the documents requested by the defense and ordered by the court, also known as the discovery, according to a new court filing.
They urge the court to find Henretty and Frank in contempt and possibly sentence them to prison terms and fines.
KSBY News reached out to SLO District Attorney for comment but has not yet received a response.