The County Board of Supervisors voted unanimously last week not
to foot the legal defense tab for a supervisor and former
supervisor accused of being associated with the Los Valientes,
which the district attorney is prosecuting as a criminal street
gang.
Hollister – The County Board of Supervisors voted unanimously last week not to foot the legal defense tab for a supervisor and former supervisor accused of being associated with the Los Valientes, which the district attorney is prosecuting as a criminal street gang.
Supervisor Jaime De La Cruz and former supervisor and current candidate for supervisor Richard Place asked the county to pay for their attorney fees to defend themselves against potential litigation, but were denied during a closed session meeting last Tuesday. Both have repeatedly denied being members of the Los Valientes, an anonymous group that sued the county in 2003 alleging corruption.
The county is required to pay for the defense of elected officials who are sued in relation to their work on the Board of Supervisors. But Supervisor Reb Monaco said the decision not to pay for the defense of De La Cruz and Place was simple.
“Basically, it’s premature,” he said. “They have not been served with anything that would require a defense – at this time it’s just speculation.”
Monaco said cost was not a factor in the decision because their was no reason for the county to defend either man. The decision could be reevaluated if De La Cruz or Place were named as defendants in the suit, Supervisor Don Marcus said. However, he also said that both men would be required to prove that their activities in regards to the lawsuit were related to their work on the Board of Supervisors.
Neither Place nor De La Cruz have been named as defendants in the civil rights lawsuit that District Attorney John Sarsfield filed against the Los Valientes in 2004. Sarsfield is suing the group for nearly $1 million in damages for allegedly violating the civil rights of eight local elected officials and business owners through extortion and by filing false lawsuits.
Neither De La Cruz or Supervisor Pat Loe, who is one of the named victims in the lawsuit, participated in the closed session decision, according to County Clerk Linda Churchill. De La Cruz declared he had a conflict of interest because he was the one requesting the money to defend himself. Loe, who could be awarded damages if Sarsfield is successful, did not declare a conflict, but chose to abstain from the discussion. Loe could not be reached for comment Tuesday.
Sarsfield, who has said publicly that Place is the ringleader of the group that allegedly tried to extort money from elected officials by filing false lawsuits, declined to comment on whether either would be named as defendants in the case in the future because he “did not want to speculate.”
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 and former Supervisors Richard Scaggliotti, Ruth Kesler and Bob Cruz. Each had been singled out for alleged wrongdoing in the Los Valientes lawsuit.
Both Place and De La Cruz had considering hiring an attorney after being named in court filings related to the case.
De La Cruz said he supported the board’s decision because of the county’s dire financial situation and did not want to increase the cost of the trial, which he said is already a burden to the taxpayers.
“I have nothing to fear, but fear itself,” he said. “I’m hoping that the judge will throw the entire thing out this week.”
A hearing on the damages in the case is scheduled for Friday at 1:30pm in the San Benito County Courthouse.
De La Cruz said he does not plan to retain an attorney on his own in the meantime. However, he said he would bring his request that the county pay for his legal expenses back to the board if he was named as a defendant in the case in the future.
Place declined to comment on the board’s decision and directed questions to his attorney, Bill Marder. Marder could not be reached for comment Tuesday.
Sarsfield said he was not surprised by the board’s decision.
“Most importantly, they aren’t being sued by my office,” he said. “Unless, of course, they want to admit they are Los Valientes members.”
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
