SANTA MARIA, Calif. - Santa Barbara County prosecutors were not successful in court last month charging a 20-year-old aspiring rap artist with felony threats against a witness. Now those prosecutors have returned to court to ask another judge to reconsider the case.
Anthony Murillo of Orcutt saw charges against him dismissed last month. He had written a rap song posted to the Internet with lyrics referring to a rape case against his friend Shane Villalpando.
"The basic argument is that the song was a true threat and not protected by the First Amendment", says prosecutor and deputy District Attorney Jennifer Karapetian.
Last month the first judge in Murillo's case dismissed the charges against him.
The Santa Barbara County District Attorney's office is now asking another judge to review the same evidence in the case.
"We have filed a motion to re-instate the complaints based upon the first judge dismissing the case", Karapetian said, "so another judge will be able to review the first judge's ruling."
"It doesn't mean that its going to come back", Karapetian says, "it just means that we have another opportunity to have our case heard."
The District Attorney's office is also seeking to re-instate the previous bail terms for Anthony Murillo, who remains free because there are no charges against him at the present time.
The case returns to Santa Maria court early next month.