Public Defender’s Office files motion to dismiss judge in BART arrest trial
This comes after several issues that surfaced during pre-trail hearings.
The San Francisco’s Public Defender’s office has filed a motion to disqualify Judge Anne-Christine Massullo alleging prejudice and bias towards the defense counsel, the defendant and the defense case in the BART arrest trial.
The case is that of Michael Smith 22, who was arrested by BART police in August along with his pregnant partner Andrea Appleton, 23, after police received a 911 call reporting a man with a gun at Embarcadero BART station.
It was later revealed that there was no gun involved. Videos of the violent arrest sparked outrage on social media as witnesses insist that BART officers allegedly refused to listen to witness testimonies…
The motion, a copy of which was exclusively obtained by 48 Hills, makes the case that trial court’s bias impinges on Smith’s right to fair trial and to present a defense. This comes after several issues that surfaced during pre-trail hearings.
Judge Massullo excluded evidence that would allow witnesses to testify that no robbery threat was made as per the claim of 911 caller which sparked the arrest but she is allowing the man’s 911 call claiming that he was threatened… (more)