Sponsored link
Tuesday, July 21, 2026

Sponsored link

EXCLUSIVE: 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.

BART officials say that Smith had allegedly kicked one police officer in the head and throat, bit another and spit on a third.

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-trial 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.

The use of force expert put forward by the Public Defender’s office has also been excluded, and among other things Judge Massullo has barred the defense from mentioning the Oscar Grant case or Black Lives Matter, saying that Smith’s case has nothing to do with racism. This hugely impacts the defense case, which maintains that according to witness testimonies the 911 caller allegedly used racial slurs, while seated on the BART with Smith and his partner, and called the police as they got out of the train.

Speaking at the arraignment hearing, Public Defender Jeff Adachi spoke about the issues of racial profiling — both Smith and Appelton are African American — and that he believes that in this case someone called the police and made a false statement resulting in a violent arrest that could have been avoided altogether.

Judge Massullo insists that only actions that happened after Smith got out of train were relevant.

Yesterday, Judge Massullo ruled on allowing a video taped deposition of one of the Officers in lieu of his testimony at trial because the prosecutor informed the court that the Officer, who is the main witness, is on vacation starting Monday.

The Judge is currently hearing the challenge.

This is a developing story and we will continue to update it

Sana Saleem
Sana Saleem
Sana Saleem is a writer with a focus on social justice and human stories. She's member board of advisory for the Courage Foundation, Edward Snowden's legal defense fund.

48 Hills welcomes comments in the form of letters to the editor, which you can submit here. We also invite you to join the conversation on our Facebook, Twitter, and Instagram

Sponsored link

Sponsored link
Sponsored link

Latest

Mosswood Meltdown keeps its peak by staying regional and true

Pavement, John Waters, socialist zines, and punk pet patches still beat big-time festival fatigue any day.

The ‘AbFab Movie’ at 10: ‘It celebrated the crazy times of loads of money and little sense’

Cast member Helen Lederer, aka Catriona, remembers the uproarious movie and TV show—and a comedy family.

Trans community, allies condemn Wiener for exploiting a march he was asked to leave

Plus: No Planning Commission? No Sunshine Task Force? That's The Agenda for July 19-26

Live Shots: ‘Bohémienne’ glows with ribald glamour of Parisian cabaret

Enter the Montmartre underground at Palace Theater, with Le Mime, Le Titan, Pierrot, La Chanteuse, and more

You might also likeRELATED