Two more plaintiffs have joined a lawsuit against Matthew
Sarsfield, brother of District Attorney John Sarsfield, alleging
libel and infliction of emotional distress due to Sarsfield’s
writing of the Sara Jones letter, according to the suit.
Attorney Bill Marder filed the suit Thursday, which was amended
to include Harry Damkar, defense attorney, Robert Orabuena, the
defendant in a highly publicized vehicular manslaughter trial last
year, along with defense attorney Arthur Cantu.
Hollister – Two more plaintiffs have joined a lawsuit against Matthew Sarsfield, brother of District Attorney John Sarsfield, alleging libel and infliction of emotional distress due to Sarsfield’s writing of the Sara Jones letter, according to the suit.
Attorney Bill Marder filed the suit Thursday, which was amended to include Harry Damkar, defense attorney, Robert Orabuena, the defendant in a highly publicized vehicular manslaughter trial last year, along with defense attorney Arthur Cantu.
The letter was printed in the Hollister Free Lance in November of 2003 by a person claiming to be a former office assistant of Damkar’s, using the name of Sara M. Jones.
It accused Cantu of playing the “race card” in the Orabuena case and said it was difficult for employees under Damkar to “do our jobs because our former boss knew he would be shortly working with the opposing side,” according to the letter. It also thanked John Sarsfield for taking control of the Office.
Cantu has had an ongoing feud with John Sarsfield since he lost the 2002 San Benito County District Attorney race to the prosecutor. John Sarsfield has denied any involvement in the writing of the letter.
Cantu filed the lawsuit several months ago, and Damkar and Orabuena joined the suit several weeks ago because they were frustrated that the letter purported false statements about them publicly, Marder said.
“It falsely accused Mr. Orabuena of being tried and convicted of murder, and it falsely accused Mr. Damkar of sabotaging the (district attorney’s) office, when he was very productive throughout,” Marder said. “It’s frustrating when someone lies about you in public to thousands of people.”
Matthew Sarsfield is a police sergeant at the Livermore Police Department. Sarsfield’s attorney, Daniel Pyne III, said he hasn’t received a copy of the suit yet, but was told by Marder several weeks ago that Orabuena and Damkar might be joining.
Pyne said the amended suit is a product of a motion he made in early August claiming that the letter was not defamatory.
“The court agreed and gave the plaintiff a chance to amend the complaint and cure the defects,” he said. “It sounds like what they’ve done is add two additional plaintiffs and tried to cure the defects (that way).”
The plaintiffs are seeking unspecified monetary damages for emotional distress and from damages that the letter had on their professions, Marder said.
“We’ll have to see how the evidence shakes down, and then we’ll take a number to the jury,” he said.
Marder said the vast majority of cases like that result in a settlement, and if a settlement is offered it would be up to his clients to decide whether to take it or go to trial.
Pyne said he doesn’t see the case going to settlement because his client doesn’t feel he has defamed any of the plaintiffs.
“I think they’ve probably done more to damage his reputation than vice-versa,” he said.
Erin Musgrave covers public safety and the courts for the Free Lance. Reach her at 637-5566, ext. 336 or
em*******@fr***********.com
