Three county employees embroiled in the criminal grand jury
investigation into Los Valientes lawyer Michael Pekin filed a
criminal charge against District Attorney John Sarsfield and his
office Monday
– just days after the local bar association stated it has
”
no confidence
”
in the prosecutor and that his conduct constitutes a threat to
residents’ constitutional rights.
Hollister – Three county employees embroiled in the criminal grand jury investigation into Los Valientes lawyer Michael Pekin filed a criminal charge against District Attorney John Sarsfield and his office Monday – just days after the local bar association stated it has “no confidence” in the prosecutor and that his conduct constitutes a threat to residents’ constitutional rights.
San Benito County Planning Department employees James Stevens and Ken Speciale, himself a target of a criminal grand jury investigation, along with Waste Management department employee Patti Lawry filed a police report with the Sheriff’s Department Monday morning.
They claim Sarsfield and Special Deputy District Attorney John Picone, who oversees the grand jury investigations, violated their rights as whistle blowers by unfairly persecuting them for their testimony and for coming forward with allegations that county officials have been involved in corrupt acts.
Sarsfield declined comment on the complaint Monday.
“That’s nice,” he said. “Anything about the grand jury you need to talk to John Picone.”
Picone said neither he or Sarsfield violated any laws and are not persecuting the three for coming forward with their statements, but believe Speciale lied to the grand jury and are taking the proper actions in accordance with the law.
“This is a side show,” Picone said. “We have sufficient evidence to support our belief that Ken Speciale had perjured himself. My objective is not to ruin his life, but when you come before the grand jury you have to tell the truth. If you lie, then you’re in trouble.”
The charge falls under the California Labor Code whistle blower law and is punishable as a misdemeanor with either one year in the county jail, a fine of $1,000, or both, said Public Defender Greg La Forge, who facilitated an interview between the trio and the sheriff’s department Monday. The sheriff’s department will send the complaint to the state Attorney General’s Office for review soon, said Sheriff Curtis Hill. Criminal complaints usually are sent to the district attorney’s office, but because the complaint is against the office, an outside agency will have to investigate, Hill said. The report had not been written by press time and Hill couldn’t comment on any of the details.
“They’re scared,” La Forge said. “They came to an attorney because they’re scared of retaliation by the DA.”
Stevens and Speciale recently came forward with signed declarations that could implicate Planning Department Director Rob Mendiola in Pekin’s corruption lawsuit against the county and former Supervisor Richard Scagliotti.
Pekin’s suit, which involves the anonymous group Los Valientes, was the catalyst for a grand jury decision to indict the Salinas-based lawyer last Wednesday for five felony charges including attempting to elicit perjury and filing frivolous lawsuits.
Speciale, who was subpoenaed to testify in front of the grand jury about a week before Pekin was indicted, said after giving his testimony, Picone threatened his girlfriend, Lawry, that if she didn’t convince Speciale to change his testimony she could face a grand jury inquisition or possible jail time.
“I didn’t testify the way they would have liked me to testify in Mr. Pekin’s grand jury,” Speciale said. “Now I’m the target (of a grand jury investigation). To me that is intimidation. Pekin was arrested, and I figure I’m next.”
Lawry said she was called out of her office around 3:30pm the day Speciale was testifying in front of the grand jury, and Picone told her Speciale had just committed perjury.
“Picone wanted me to persuade Ken to change his testimony,” Lawry said. “I asked what if I refused, to which Picone threatened to subpoena me so that my testimony disagreed with Ken’s in front of the grand jury. I asked what would happen if I didn’t comply, to which Picone answered that I’d be held in contempt of court.”
Picone said he asked Lawry to tell Speciale to tell the truth, because the district attorney’s office had evidence proving that Speciale’s testimony was false. He said informing Lawry that she could go to jail for not complying with a grand jury subpoena was not a threat, but the law.
“You can’t come and lie to the grand jury and treat it like a joke,” Picone said. “They can say (they’re being retaliated against). But filing a false police report is a crime. If Mr. Speciale filed that, he’s done what he thinks is right. The consequences of that, we’ll have to wait and see.”
Lawyer Bill Marder, who represented two women in Sarsfield’s office who filed a sexual harassment suit against him and recently settled for $35,000, said this case illustrates why the San Benito County Bar Association voted that they have no confidence in the district attorney.
Marder said bar members believe Sarsfield has intimidated people who exercise their First Amendment rights to speak out against the government, misused the criminal grand jury to go after people who have hold opposing views, and threatened criminal prosecution to gain advantage in civil suits. Sarsfield has a $500,000 pending civil suit against Pekin for filing frivolous lawsuits against the county.
“The DA has two duties – one to prosecute the guilty and two to protect the innocent,” Marder said. “In a lot of these cases we feel he’s been prosecuting the innocent.”
The bar association will be sending a letter outlining these concerns to the Attorney General’s Office and to the California State Bar sometime in the near future.
Sarsfield wasn’t phased by the vote of no confidence or the heavy charges leveled by the group.
“It’s an organization comprised of criminal defense attorneys and trial attorneys,” he said.
Lawyers specializing in civil law also are members, La Forge said.
Sarsfield is not worried about the complaints being forwarded to the state either, and doesn’t believe it will have any affect on how he runs his office, he said. However, the association also voted to support the most recent recall effort against him, which barely passed with a 13 to 11 vote. Pekin and his son, Patrick Pekin, cast two of the votes that put the vote over the top.
“It’s pathetic,” Sarsfield said. “They let two people who are being prosecuted by my office cast the deciding vote? That’s ridiculous.”
The Attorney General’s Office will review the bar association’s letter and respond accordingly, said spokesman Nathan Barankin.
While the state could investigate the criminal complaint if they find it is warranted, even though they have the power to prosecute an elected official they cannot remove one from office, Barankin said. Only a felony conviction can bar an elected official from holding office, he said.
However, a government code section allows a civil grand jury to investigate an elected official and file a motion to remove a county official for willful or corrupt misconduct in office, Barankin said.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or em*******@fr***********.com
