Only in Humboldt County would they make a federal case out of "the push" - but let the guys accused of tying a woman to a tree for three days and raping her cop a plea... Only in Humboldt County could the DA allow his office to swoop up and dismiss nine felonies in a single day for the son of one of his donors, and not consider that a conflict of interest, but then pull this... But what choice does Gallegos have? This is another instance where his handlers are calling for blood, and he can't deliver.
FOR IMMEDIATE RELEASE
October 25, 2007
CONTACT: Assistant District Attorney, Wes Keat
DISTRICT ATTORNEY FORWARDS INVESTIGATION TO ATTORNEY GENERAL’S OFFICE
District Attorney, Paul Gallegos, made public his decision to forward the investigation into the allegations involving Robert Arkley and City Council member, Larry Glass to the California Attorney General’s office stating that “It is important that the Attorney General’s Office review the matter to determine whether the decision on whether to file criminal charges should be made by the Attorney’s General Office instead of ours.” He added further, “I was present that evening, was interviewed as a witness and have had or have a personal relationship with the involved parties and several witnesses. I have some concern that, even if I could decide the matter fairly and impartially without bias for or against any party, any decision I made would have an overwhelming appearance of an impropriety and have communicated that to the Attorney General’s Office. If the Attorney General’s Office determines that, despite the presence of these issues, it is appropriate for my office to decide this matter, I will review it for the possibility of filing criminal charges.”
In a criminal action, a defendant may move to recuse or disqualify the prosecutor on the ground of a conflict of interest that would make it unlikely that the defendant would receive a fair trial. This is done by showing circumstances that demonstrate a “reasonable possibility that the District Attorney’s Office may not exercise its discretionary function in an evenhanded manner”. The defendant must then show that the conflict is “so grave as to render fair treatment of the defendants in all stages of the criminal proceedings unlikely.” The conflict must be caused by factors extraneous to the prosecutor’s official duty. Although both actual and apparent conflicts can form the basis for recusing the prosecution, for a defense motion to recuse the prosecution to be granted, the likelihood that the defendant will not receive a fair trial must be real, not merely apparent.
Press: Gallegos forwards investigation report to attorney general