The state Attorney General’s Office has responded to District
Attorney John Sarsfield’s query over whether he can oversee an
investigation into the District 5 supervisor’s race, but the
prosecutor Wednesday declined to reveal the probe’s status.
The state Attorney General’s Office has responded to District Attorney John Sarsfield’s query over whether he can oversee an investigation into the District 5 supervisor’s race, but the prosecutor Wednesday declined to reveal the probe’s status.
The Attorney General’s Office confirmed this week that state investigators had made a decision. But details would have to come from Sarsfield, according to spokesman Nathan Barankin.
“It’s up to the DA to decide the next step,” Barankin said Tuesday.
Sarsfield didn’t return repeated phone calls this week but responded in a brief e-mail Wednesday.
“Thank you for your inquiry into the status of the District 5 election. I must regretfully decline your request for information,” Sarsfield wrote.
Long-delayed movement in the investigation comes as Sarsfield contends with two other brewing scandals. He’s facing sexual harassment allegations from two subordinates claiming he’s having an affair with his office manager. And a campaign to recall Sarsfield mounted this week.
It is unclear whether the district attorney will oversee a renewed District 5 election probe locally, or if the investigation will continue at all. The investigation into Supervisor-elect Jaime De La Cruz and his campaign adviser Ignacio Velazquez has been on hold since May 24. No other county officials could confirm the status of the controversial matter.
Sarsfield has been waiting for the state office’s opinion on whether he had a conflict of interest in overseeing a criminal grand jury probe of De La Cruz and Velazquez.
County supervisors have been relatively quiet about the probe and ensuing scandal since they approved hiring an investigator in March to look into the allegations of election fraud.
Supervisor Reb Monaco, though, reiterated his belief Wednesday that District 5 residents deserve to know who will represent them come January.
“It needs to be handled in a timely manner, period,” Monaco said.
De La Cruz and Velazquez were facing potential charges for alleged elections code violations relating to the March 2 election, when De La Cruz beat incumbent Bob Cruz by 10 votes.
But Velazquez filed a court motion May 24 requesting Sarsfield’s removal from the investigation. It claimed Sarsfield was having an affair with office manager Nancy Leon that swayed his judgment because of her relation to the De La Cruz camp’s accusers.
Sarsfield at the time said he could no longer oversee the case, and that he referred the investigation to the attorney general.
More than two weeks later, Sarsfield sent a report to the attorney general asking whether the personal allegation prejudiced him – and if he should recuse himself from the role.
Velazquez on Wednesday said he wasn’t surprised Sarsfield has been quiet over his communication with the state office. He said there’s no sense of direction from Sarsfield – who Velazquez still contends has a conflict of interest because of the alleged affair.
If Sarsfield does resume the lead role, Velazquez would re-file the court motion – containing the personal allegation – requesting the prosecutor’s removal, according to his lawyer Mike Pekin.
Velazquez said he also hired a private investigator whose findings contradict those from the county’s investigative report, which recommended 11 felony charges against the two men.
“It was all politically motivated by the Board of Supervisors,” Velazquez said, “and we’re going to prove that.”
Meanwhile, the previous criminal grand jury’s six-month term was up at the end of June. And the Superior Court appointed a new 19-member jury Monday, said Court Executive Office Alex Calvo. A criminal grand jury can indict, or press charges, against suspects.
