No charges pressed against SLO attorney arrested for ‘resisting an officer’
Bailiff physically restrained attorney for ‘unprofessional behavior’
Jennie Kelly
–San Luis Obispo County Sheriff’s Deputy Tyler Brooks, a bailiff in the San Luis Obispo County Superior Courthouse, was recorded on surveillance video on Oct. 20 allegedly assaulting Jennie Mariah Kelly, a California Deputy Attorney General, during a recess. Kelly was arrested for resisting an officer after she spoke loudly and acted in an unprofessional manner, according to the SLO County Sheriff’s Department.
“No charges have been filed as yet. The matter is pending a filing decision by me,” SLO County Assistant District Attorney Lee Cunningham said last week.
After Superior Court Judge Barry LaBarbera called for morning recess, Kelly appeared on the video to berate Timothy Magill, the plaintiff’s attorney, for his tactics in court. Kelly was arguing against a wrongful termination case against Magill. She first started shouting and pointing her finger at Magill across the empty courtroom.
Through the silent video, a heated exchange can be seen between Brooks and Kelly. It was reported that Brooks asked Kelly to leave the courtroom.
“At that point, the bailiff told her she needed to leave the courtroom,” read the press release issued by the Sheriff’s Department. “Kelly refused and the bailiff attempted to escort her from the courtroom, she actively resisted and subsequently was taken into custody.”
She resisted, which led to the bailiff forcibly attempting to remove her from the room. When she further resisted, the bailiff responded and restrained Kelly on the floor. Six additional bailiffs assisted Brooks.
Kelly’s attorney, Kara Stein-Conaway, released a statement on Tuesday saying that the “abusive treatment” by Brooks was “outrageous.”
“While the court was in recess and the jury was out of the courtroom, a spirited debate took place between the lawyers over issues in the trial,” Stein-Conaway said. “Ms. Kelly appropriately spoke in a firm tone of voice to opposing counsel. She was not screaming or inappropriate. Ms. Kelly was acting as an advocate for her clients and serving their interests zealously, like all attorneys are required by their cannon of ethics. In her 21-year legal career, Ms. Kelly has never been disciplined by the court or state bar.”
Stein-Conaway stipulates that using words to convey an opinion is not a crime. She cites the 1987 United States Supreme Court Case, Houston v. Hills, which found that “we have a First Amendment right to use our words, specifically to use words critical of the police.”
“The United States Supreme Court goes on to say that ‘freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state,” Stein-Conaway said.
Watch the surveillance video below.
