Jenan
People v. Jenan
Opinion
Opinion
Gomes, J.
The sole question before us, pursuant to statutory authorization of appeals “on questions of law alone” from orders recusing the district attorney, is whether the court’s order recusing the entire district attorney’s office was an abuse of discretion. (Pen. Code, §§ 1235, subd. (a), 1424, subd. (a)(1), (a)(2). ) We will answer that question in the negative and will affirm the order.
PROCEDURAL HISTORY
On December 9, 2004, the district attorney’s office filed a complaint that, inter alia, charged that Alan Dale Jenan (Alan) and Roger Lewis Jenan (Roger) knowingly and maliciously attempted to dissuade Eric Grant, a district attorney’s investigator, from attending or testifying at a prior criminal proceeding pending against the Jenans (§ 136.1, subd. (b)(2)), willfully threatened to take his property by civil legal process on the basis of assistance or information he provided for that proceeding (§ 140, subd. (a)), and committed those crimes while on bail or own recognizance release (§ 12022.1, subd. (b)).
On April 1, 2005, Roger filed a motion to recuse the entire district attorney’s office or, alternatively, to recuse David Alavezos, a deputy district attorney who…