A Superior Court judge gave the district attorney another week
to prove his civil rights case demanding nearly $1 million in
damages from the alleged criminal street gang Los Valientes
Wednesday, but not before drawing the case’s evidence into
question.
Hollister – A Superior Court judge gave the district attorney another week to prove his civil rights case demanding nearly $1 million in damages from the alleged criminal street gang Los Valientes Wednesday, but not before drawing the case’s evidence into question.
“I’m not going to be a rubber stamp for the district attorney’s office,” Judge Harry Tobias told Special Deputy District Attorney Nancy Battel during the nearly hour-long hearing. “All I can do is give you an additional opportunity to prove up your case.”
Tobias also ordered the prosecution and Los Valientes attorney Michael Pekin to meet and discuss drafting a restraining order against the Los Valientes from speaking out against public officials, which both sides seemed amenable to.
District Attorney John Sarsfield is suing Pekin and the Los Valientes for allegedly violating the civil rights of eight local elected officials and prominent business owners through extortion and by filing false lawsuits. In January, Tobias told Battel to come up with additional evidence supporting the case, but didn’t appear to be satisfied with the new evidence which included allegations the Los Valientes were operating as a criminal street gang.
Tobias told Battel in January that in order to prove that someone’s civil rights had been violated she must prove that the person was physically restrained from enjoying those rights, and that at that time the prosecution had not done so. Wednesday’s hearing was the second time Tobias sent the District Attorney’s Office back to the drawing board.
“There has to be actual or threatened physical coercion,” Tobias said Wednesday. “I don’t think it’s a subjective standard.”
The District Attorney’s Office has asked the court for $930,000 in damages from the Los Valientes for the alleged civil rights violations and unfair business practices. The damages include nearly $300,000 to reimburse the county for money it spent on defending itself against the Los Valientes and the subsequent Monteon v. Scagliotti suit, and $25,000 for each of the Los Valientes’ eight alleged victims, among other things.
In 2003, Pekin and the Los Valientes filed a suit against former Supervisor Richard Scagliotti claiming that he used his position on the Board of Supervisors to profit financially. Los Valientes later dropped out of the suit and county resident Juan Monteon took the role of plaintiff.
The victims named in the suit include former Pinnacle newspaper publisher Tracie Cone, San Benito Tire owner Bob Cain, former Planning Department Director Rob Mendiola, Supervisor Pat Loe and former Supervisors Ruth Kesler and Bob Cruz. Each has been singled out for alleged wrongdoing in the Los Valientes lawsuit.
While Pekin was pleased with the judge’s line of questioning and said Wednesday’s hearing was a “victory for the law,” Sarsfield saw the continuation as an opportunity to make his case even stronger.
“I’m impressed by the work Judge Tobias does for the community, he’s holding the district attorney to the standard of the law,” Pekin said after the hearing. “There is no doubt that Sarsfield is not meeting the (civil rights) standard. Even unopposed, he’s not been able to show a violation of law and he’s already spent $115,000 of the taxpayers’ money on this case.”
“Civil cases usually move like glaciers, but we’re actually moving fairly quickly,” Sarsfield said. “We have more evidence and legal research to give the court, but we’re very confident in our position – we’ll probably have this wrapped up by March 10.”
In the meantime, Tobias suggested that Pekin and Battel meet to discuss a possible restraining order barring Los Valientes members from speaking out against public officials. Sarsfield had asked for such an injunction in 2004 when he first filed the suit and saw Wednesday’s ruling as progress.
“The Los Valientes have inflicted a lot of harm on this community and we want relief,” Sarsfield said. “They have destroyed people’s lives and this is good progress. Today was a good day.”
While Pekin was in favor of a restraining order, he called it an “empty act,” claiming it wouldn’t affect him or the group.
“I will take any injunction against the Los Valientes,” he said. “There hasn’t been a Los Valiente in this county for two years, they disbanded.”
The next hearing on the Los Valientes case will held on March 10 at 1:30pm in the San Benito County Courthouse.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
