The attorney for a resident alleging corruption in local
government wants to start interviewing witnesses
– including several senior officials – as soon as possible. And
San Benito County’s hired lawyer doesn’t want the depositions to
occur at all.
That issue and others were discussed at a Superior Court hearing
Tuesday morning in a case pinning a resident against county
government officials
– namely Supervisor Richard Scagliotti.
The attorney for a resident alleging corruption in local government wants to start interviewing witnesses – including several senior officials – as soon as possible. And San Benito County’s hired lawyer doesn’t want the depositions to occur at all.
That issue and others were discussed at a Superior Court hearing Tuesday morning in a case pinning a resident against county government officials – namely Supervisor Richard Scagliotti.
Resident Juan Monteon, along with his Salinas lawyer Michael Pekin, allege several counts of corruption and cite an ongoing private investigation into officials’ conduct. The lawsuit was filed Dec. 9.
Since then, Pekin has tried to depose – or interview under oath – about a dozen county officials. He wants to grill all five supervisors, five sheriff’s deputies, Sheriff Curtis Hill and four other senior county officials.
The county’s Sacramento-based lawyer, Nancy Miller, has disputed and so far blocked those attempts.
For one, Pekin hasn’t given her enough time to prepare witnesses, she said. Plus, she wants the case thrown out. And until a previously scheduled hearing occurs Feb. 17 to consider that possibility, depositions aren’t appropriate, she maintained.
“There’s no point in taking 15 depositions over the next two weeks, if in fact I’m right or even partially right,” Miller said.
On Tuesday, Judge Harry Tobias denied Pekin’s contention to start those interviews today. But after the Feb. 17 hearing – if the county’s motion is denied – then Pekin might be allowed to conduct the interviews.
Tobias told both lawyers to be prepared to schedule those interviews. He told them to bring their calendars to the hearing.
“By February 17, we’ll know whether the depositions will go forward,” Tobias said.
There are five allegations of corruption in the suit. But two of them – both charges of illegal land dealings by Scagliotti – are on hold. District Attorney John Sarsfield is examining them as part of a 120-day review, Pekin said.
The three remaining cases pertain to: a vehicle maintenance contract with San Benito Tire; allegations supervisors violated the Brown Act during the drafting of Measure G; and allegations the county’s dummy finance corporation failed to file taxes for several years.
Monteon’s suit – in citing the investigation – contends Scagliotti’s influence led to San Benito Tire receiving the maintenance contract in August 2002. The supervisor was a prospective business partner of the auto shop’s owner, Bob Cain.
Regarding Measure G, the suit claims supervisors violated the Brown Act through a series of meetings with the initiative’s authors during its drafting.
Pekin on Tuesday acknowledged he is trying to induce action in the case – whether it be depositions or the injunction – before the upcoming election. He said he believes Miller is purposely trying to block depositions before the vote.
“It has to do with trying to get public officials to answer questions under oath instead of taking postures,” Pekin said.
Miller, however, said she believes Pekin has relations with “developer interests.”
“I think he’s trying to sway voters,” she said.
Pekin filed a new motion Tuesday as well. He is requesting Tobias grant an injunction – or a temporary court order – on the three issues at a Feb. 24 hearing.
It would remove the vehicle maintenance contract from San Benito Tire; order the county to produce a paper trail of tax figures regarding the finance corporation; and that supervisors follow the Brown Act’s regulations.
Pekin said he has to conduct the depositions before that hearing.
“I need to bring in the transcript from the depositions in order to convince the judge to issue those injunctions,” Pekin said.
A sixth case from the initially filed suit – regarding a county-financed pipe upgrade at a Scagliotti development – was recently dropped by Pekin. After talking with an engineer of the 1999 project, Pekin said his side had second thoughts about its alleged illegality.
Scagliotti also obtained an opinion from the state Attorney General’s Office that found the county-financed pipe upgrade to be legal, Miller said.
