San Francisco legal professional Curtis Briggs is trying the authorized equal of a Hail Mary go.
He desires to disqualify San Diego County’s district legal professional from prosecuting his shopper within the January 2021 Pacific Seashore riot — and place the person’s case within the state legal professional basic’s arms.
Briggs — youthful brother of San Diego lawyer Cory Briggs — is defending Jeremy White, accused of being a black-clad “Antifa” member who clashed with Donald Trump supporters three days after the Capitol rebel.
On Nov. 17, Briggs will attempt to persuade Decide Daniel Goldstein in downtown Superior Court docket that county DA Summer season Stephan’s prosecution of White is unfair as a result of she didn’t cost the right-wing protesters concerned in that January 2021 melee.
“She prosecutes anti-fascists vigorously whereas systematically ignoring vicious acts by identified right-wing extremists who perpetrate violence at protests,” Briggs stated in a 242-page movement filed Oct. 30.
“Stephan has misled the general public in regards to the occasions giving rise to the prosecution of Mr. White and inexcusably deceived the Grand Jury by concealing the ‘victims’ associations with the American Guard, Proud Boys and Defend East County — sworn enemies of antifa,” he added. “No defendant on this case may be handled pretty by Stephan.”
On Friday, Stephan’s workplace responded to a request for remark.
“We are going to litigate this movement in courtroom,” the workplace stated.
The DA’s workplace additionally pushed again at claims of selective prosecution:
A majority of hate crimes prosecutions by the San Diego County District Legal professional’s Workplace are introduced on white defendants with hate bias in opposition to folks of shade together with the current indictments of 17 Hells Angels members for assaulting three African American victims, the hate crime prosecution of the assassin of a Jewish lady on the Poway synagogue, the hate crime prosecution of two defendants for assaulting Black Lives Matter protesters in Imperial Seashore, to call just a few. The report would additionally present that the DA’s workplace has the next charge of prosecution of hate crimes than the statewide common.
His disqualification movement is uncommon, however Briggs doesn’t care.
He gained such a bid earlier than — and on comparable grounds.
Briggs defended Black Lives Matter activist Tianna Arata, who throughout a July 21, 2020, march allegedly led 300 protesters onto Freeway 101 in San Luis Obispo County, blocking all lanes in each instructions for almost an hour.
Arata, 20, was charged with 13 misdemeanors, however Briggs argued that SLO County District Legal professional Dan Dow was biased in opposition to the BLM motion, noting his posted statements on social media and significant remarks in public.
Decide Matthew Guerrero agreed with Briggs and Arata, and barred Dow from prosecuting the case. Dow appealed however misplaced on the appellate degree and finally on the state Supreme Court docket.
So what did state Legal professional Normal Rob Bonta do?
Bonta “stepped in and dismissed all however one cost after which allowed her to do group service in trade for a dismissal on the remaining cost,” Briggs advised Instances of San Diego.
The White case in Pacific Seashore echoes Arata’s on the Central Coast.
“The SLO DA unfairly focused BLM protesters and didn’t cost a number of individuals who dedicated assaults in opposition to BLM protesters,” Briggs stated. “Then [Dow’s] marketing campaign despatched an electronic mail soliciting donations so BLM prosecutions may proceed. This was decided to be a battle of curiosity.”
In Could 2022, the grand jury returned an indictment charging White with conspiracy to commit a riot and assault by way of pressure prone to produce nice bodily harm. White has pleaded not responsible.
In his movement to disqualify, Briggs says Stephan has been unable to separate her political platform in opposition to antifa from her obligation to implement the legislation evenhandedly.
“This has resulted in false allegations in opposition to Mr. White whereas she has shaped a prosecutorial defend round a core group of right-wing hate teams which were answerable for a string of brutal publicized assaults at San Diego protests, together with the one for which Mr. White is falsely accused,” Briggs writes.
In an electronic mail trade, I requested Briggs in regards to the White case.
He calls Los Angeles County resident Jeremy Jonathan White “a wonderful human being who confirmed up at Pacific Seashore that day to do the proper factor for the group. He’s harmless, and a plea cut price is unjust. He deserves a ferocious trial protection and the reality about Stephan’s workplace can be advised.”
Briggs says no co-defendant has been handled pretty by Stephan’s workplace “they usually can all be part of the movement to allow them to profit if it prevails.” (He expects others to affix the movement.)
If he wins on the movement, Briggs stated, Bonta’s workplace will assume the prosecution and can have the entire choices accessible that Stephan has.
“He can dismiss the case, provide a plea or attempt the case,” Briggs stated. “Personally, I hope they struggle the case so we are able to vindicate Mr. White at trial.”
I requested Briggs’ response to the District Legal professional’s Workplace saying Stephan vigorously prosecutes white supremacists.
“Statistics lie, however video proof doesn’t,” Briggs replied. “In mild of the abundance of video-recorded violence by The American Guard and Proud Boys, Stephan should instantly guarantee the residents of San Diego that she is going to prosecute these criminals for hurting folks. Till Stephan takes accountability, the group is unsafe.”
Later, Briggs despatched a file of written testimonials for White after he was arrested in 2018 for felony vandalism — utilizing youngsters’ chalk on the sidewalk at a courthouse vigil for the households of victims of police violence. (The case was dismissed.)
Jeremy White has a protracted monitor report of real political activism within the Democratic Social gathering. He’s marched for water rights, #MeToo, BLM, and far more. He was given an award by the US Congress for his efforts in “chang[ing[ the political landscape of this country.”
Some people might wonder how Jeremy would transform from attending protests looking bit nerdy, wearing a T-shirt, thick-framed glasses and [using] a bullhorn, to somebody who would finally present up in San Diego carrying protecting gear from head to toe.
The reply is that about two years earlier than the … Pacific Seashore incident, Jeremy had his again damaged by police who brutally beat him at a BLM rally in Torrance. Jeremy realized the arduous means that if you wish to train your First Modification, you need to defend your self. He efficiently sued and settled with Torrance police for a small sum of cash and a coverage change for extra oversight.
Briggs’ movement is an encyclopedic historical past of current right-wing violence in addition to Stephans’ ties to right-wing supporters together with former county GOP Chair Tony Krvaric (with alleged white supremacist ideologies) .
“Antifa was not a real risk to San Diego public security,” the movement says. “Nonetheless, on the expense of the reality, this law-and-order candidate who would quickly be probably the most highly effective legislation enforcement official in San Diego, included calculated deception on her personal group.”
Briggs alleges that Stephan used fabricated images of Soros and antifa collectively to “encourage larger monetary assist from her base whereas galvanizing undecided voters in her favor.” He cites quite a few press accounts, together with from Instances of San Diego.
“Stephan is free to specific her beliefs about antifa and to simply accept marketing campaign donations from anybody she chooses,” Briggs stated, “however as an elected prosecutor it turns into problematic when it begins to affect her charging choices.”
Briggs’ movement says Stephan isn’t the one one with a battle of curiosity — that such a taint “permeated her whole workplace.”
“The prosecutors assigned to this case serve straight underneath Stephan and he or she has broad authority to fireplace, rent and promote them,” he stated. “The truth that neither of the assigned prosecutors, after reviewing the proof on this case, have modified course from the false narrative that antifa is solely answerable for the violence on January 9, 2021, can be indicative of the office-wide battle.”