Lawyers for Gibson and Schultz argued in their lawsuit that the District Attorney’s Office decision to prosecute Gibson and Schultz on riot charges was politically motivated. They singled out Deputy District Attorney Brad Kalbaugh for including a detective’s testimony in a probable cause affidavit for the riot charge. Further, his lawyer argued that prosecutors routinely sign probable cause affidavits and “permitting this litigation would allow disgruntled defendants to relitigate their criminal cases.”But the appeals judges weren’t convinced. Kalbaugh was personally testifying to the truthfulness of the statements in the affidavit, writing, “I have probable cause to believe,” the opinion said. Attorney D. Angus Lee, one of the lawyers for Gibson and Schultz, applauded the decision.