Jaime De La Cruz and his campaign adviser Ignacio Velazquez plan
to file a court motion today claiming District Attorney John
Sarsfield is biased against them and requesting that he be
disqualified from overseeing an investigation of alleged Elections
Code violations.
Jaime De La Cruz and his campaign adviser Ignacio Velazquez plan to file a court motion today claiming District Attorney John Sarsfield is biased against them and requesting that he be disqualified from overseeing an investigation of alleged Elections Code violations.
Salinas lawyer Michael Pekin, famous for engineering an ongoing corruption lawsuit against the current Board of Supervisors, is representing De La Cruz and Velazquez. The two hired Pekin this week after interviewing several attorneys, Velazquez said.
They believe Sarsfield should be disqualified because he “has demonstrated a lack of even-handedness” in evaluating the complaints against De La Cruz and Velazquez, according to court documents to be filed today.
Pekin also said a criminal grand jury shouldn’t decide if the supervisor-elect and his adviser will be charged with violating the Elections Code until there’s a ruling on the recusal motion. The 19-member jury is scheduled to convene June 1-3.
Santa Cruz District Attorney’s inspector Aaron Tripp alleged several Elections Code violations, based on interviews with voters, in a report released by Sarsfield last week. The Board requested the probe in mid-March, and Sarsfield retained Tripp.
Tripp recommended six felony and five misdemeanors charges against De La Cruz, and four felonies and one misdemeanor for Velazquez. If the grand jury presses felony charges, the men could spend time behind bars or get hit with major fines.
Pekin believes De La Cruz and Velazquez are being “retaliated against” by the Board because both heavily criticized supervisors during the campaign; Velazquez often writes letters and guest opinions to the Free Lance alleging corruption in county government. Sarsfield, he said, just wants to please the supervisors.
“Are they being punished? There’s no doubt,” Pekin said. “These men are felons in the community?”
Sarsfield on Wednesday afternoon said he hadn’t yet heard about the recusal motion to disqualify him from the case.
“I’m not going to respond to Mr. Pekin and his rants,” Sarsfield said. “But you can’t bring a motion to recuse prior to a case being charged. I’m sure it will be as successful as his last motion.”
He was referring to Pekin’s ongoing civil suit against Supervisor Richard Scagliotti and a similar motion filed in December, which was denied by a judge, to disqualify Sarsfield.
Even facing potential criminal charges, Velazquez on Wednesday didn’t back down from his continual drubbing of the Board. De La Cruz declined to comment.
“For too long, people have been intimidated by the supervisors and lawsuits,” Velazquez said. “It’s the end of it.”
In documents Pekin plans to file with the Superior Court today, it is noted that Sarsfield “will not fairly and fully perform his authorized duties.”
As it stands, Sarsfield would interrogate witnesses during the grand jury proceedings and advise jurors throughout the process. Lawyers representing the accused, however, are not allowed to argue a case. And after questioning wraps up, jurors deliberate in private to consider indictments.
“If he’s the only one that’s going to be in (front of) the grand jury, then who can’t smell a rat in that one?” Pekin said Wednesday.
Pekin has been a foe of the Board’s since he released a report by a private investigator in October. Investigator Dave Henderson alleged several acts of corruption by Scagliotti and other supervisors.
Velazquez said there’s no concern in their camp about De La Cruz serving his four-year term with other supervisors accused in Pekin’s corruption suit of illegally drafting Measure G, the controversial growth initiative defeated in the March election.
Supervisors Pat Loe and Reb Monaco have two and a half years left in their terms. Cruz and Supervisor Ruth Kesler lost their races in March. And Scagliotti will resign in December.
“I think the new people that were elected were elected because they promised change in government,” Velazquez said.
Kollin Kosmicki can be reached at 637-5566, ext. 331 or at
kk*******@fr***********.com.
