Bailiff arrests state attorney in SLO courtroom

October 23, 2015

By KAREN VELIE

Following a spat between two attorneys arguing a case in a San Luis Obispo courtroom, a bailiff arrested a state attorney for resisting or obstructing a peace officer, San Luis Obispo County Superior Court Executive Officer Susan Matherly confirmed.

For more than a week, California Deputy Attorney General Jennie Mariah Kelly had been representing the state in a wrongful termination lawsuit against the California Men’s Colony and Atascadero State Hospital. During the case, Superior Court Judge Barry LaBarbera admonished Kelly several times about her courtroom demeanor.

On Tuesday, LaBarbera called a 15 minute recess, dismissed the jury and left the courtroom. Kelly then began shouting at opposing counsel, Timothy V. Magill, and acted unprofessionally, according to a report provided to the court.

The deputy then ordered Kelly to leave the courtroom. After Kelly allegedly refused, the bailiff attempted to lead Kelly into the hallway.

Kelly actively resisted at which time the deputy arrested Kelly for resisting or obstructing a peace officer.

LaBarbera canceled court for the remainder of Tuesday, though Kelly was back in court defending the state on Wednesday. The trial is ongoing.

The San Luis Obispo County Sheriff’s Office is planning to forward the case to the District Attorney’s Office early next week to determine if the case will be prosecuted.

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