Former Arroyo Grande mayoral candidate Gaea Powell will be defending herself against the San Luis Obispo County District Attorney’s charges of voter fraud despite SLO Superior Court Judge Timothy Covello’s concern that she might not properly understand court processes.
“When you state in your Faretta waiver … you want to exercise your right to have the legal case explained to you in common language. There is no right,” Covello told Powell at the Sept. 22 court hearing. “You don’t have the right to have anything re-explained to you by the court or anybody else.”
The waiver comes from the Faretta motion made by a defendant to represent themselves in a criminal prosecution. The court hearing was an offshoot of Powell’s pre-preliminary hearing because she wanted to dismiss her attorney, Public Defender Andrew Jennings, who was assigned to represent her.
That triggered the Marsden Hearing on Sept. 22, where the judge considered Powell’s motion to discharge the court-appointed attorney and substitute new counsel.
Powell told New Times she and Jennings didn’t see eye to eye, alleging that he told her that Deputy District Attorney Ben Blumenthal tried to help him with supposed evidence discovered.
“He was frustrated with me and insisted that I allow him to create the case strategy and that I comply. That is not in my nature, and I subscribe to the Art of War methodology,” she said via email. “I need an attorney who is not intimidated or easily manipulated by the DA’s Office. Counsel who has the savvy and courage to go up [against] Goliath.”
Neither Jennings nor the DA’s Office responded to New Times’ requests for comment by press time.
Powell faces nine criminal charges for reportedly filing false nomination papers for her candidacy and voting fraudulently during her 2022 and 2024 campaigns for Arroyo Grande mayor. She also allegedly committed the misdemeanor of failing to provide written notification within 48 hours to the Secretary of State, the local filing officer, and each of her fellow mayoral candidates of receiving or expending $2,000 or more in a calendar year.
The 2024 election cycle saw other local candidates who were also scrutinized for alleged voter fraud.
In September 2024, Michelle Morrow, a write-in candidate for the 3rd District Supervisor seat, faced charges similar to Powell’s. In April 2025, Morrow was sentenced to 90 days in county jail with two years of felony probation for election-related crimes.
Last September, an anonymous tip to the DA’s Office challenged whether 19-year-old Paso Robles school board candidate Hunter Breese lived at the address he listed on his candidacy application. No charges were filed against him.
Prior to her Marsden hearing, Powell said that SLO County Democratic Party Chair Tom Fulks complained about her to authorities.
“Tom Fulks’ complaint against me was in the discovery provided to my public defender,” she told New Times. “He claimed that I was not staying at the James Way residence, not knowing there are no laws that dictate that I do.”
Powell said that she rented two residences during her two campaigns—one on Heritage Lane just outside city limits and another on James Way. She mainly lived in the Heritage Lane property at the time.
“I rented a room on James Way so I could run for mayor and kept renting it when I lost the first time, with the intent of renting the condo or potentially purchasing it. I did not intend to run for mayor again,” she said. “I attempted to recruit others to run for mayor … but I could [not] convince anyone to run for mayor, so I felt morally obligated to run again.”
Fulks declined to comment on Powell’s case and stressed that SLO County’s election system is honest, safe, secure, and transparent.
“The only local ‘voter fraud’ cases I’ve read about recently involve Republicans, who bang the drum loudest about ‘election integrity,’” he said. “Every accusation sounds like a confession, every controversy sparked by them. This speaks to their illegitimate, false claims that the only ‘legitimate’ election is one they win.”
In a July 2023 email Powell shared with New Times, Arroyo Grande City Clerk Jessica Matson said there weren’t any residency restrictions related to time spent at one residence within city limits versus another location outside city boundaries. The candidate needs to be a registered voter within city limits.
At the Marsden hearing, Judge Covello repeatedly asked Powell if she understood what the charges are, what needs to be proven, and that she must conduct her own investigation and research. She said she does.
The judge declined her request for an “advisory council” or an interpreter who’d translate legalese into common parlance for her.
“Everything you’ve presented to me tells me you’ll be unnecessarily reliant on that person,” he said. “That is not the function of an advisory council.”
Despite prosecutor Blumenthal also expressing concern that Powell lacks knowledge of the law, Covello granted her requests to dismiss Jennings and to represent herself.
“The defendant doesn’t need to have legal knowledge to represent themselves,” Covello said. “The court is not in a position to [say] if that is good exercise of her judgement.”
Powell’s next pre-preliminary hearing is on Oct. 20 where she will tell the court how long she needs to examine the discovery before a preliminary hearing date can be set. ∆
Clarification, September 26, 2025 11:45 am: Arroyo Grande City Clerk Jessica Matson told New Times after the publication of this story that there are other requirements for eligible candidates per California Elections Code and Voter Registration laws beyond being a registered voter within city limits. This story has been updated to reflect the change.
This article appears in Autumn Arts Annual 2025.
When I was a Prosecutor, I dreaded having cases with a Pro Per Defendant. They were always problematic, to put it mildly. The Defendant (and Justice), is much better served by having Defense Counsel present, preferably of their choosing.
Is she trying to mount a stupidity defense?
She appears to be basking in the notoriety she’s receiving in the news without considering the seriousness of her misguided decisions , all the while ignoring the obvious lack of skill required to mount a thorough defense. Her comment about renting a room on James Way so she could run for mayor, then attempting to recruit others to run, then deciding to run again while living elsewhere is a direct confession of fraud. If she sticks with this defense, the trial might last about 2 days.