A motion to recuse San Benito County District Attorney John
Sarsfield from a case involving a county resident and the San
Benito County Board of Supervisors was denied Tuesday.
The matter of Juan Monteon verses Richard Scagliotti was heard
by San Benito County Superior Court Judge Harry Tobias.
Before Tobias were motions made by Monteon to recuse Sarsfield
from prosecuting payments the county made to Scagliotti, and also
profits Scagliotti made from purchase to sale of the Churchill Nut
Shelling Plant, Pekin said.
A motion to recuse San Benito County District Attorney John Sarsfield from a case involving a county resident and the San Benito County Board of Supervisors was denied Tuesday.
The matter of Juan Monteon verses Richard Scagliotti was heard by San Benito County Superior Court Judge Harry Tobias.
Before Tobias were motions made by Monteon to recuse Sarsfield from prosecuting payments the county made to Scagliotti, and also profits Scagliotti made from purchase to sale of the Churchill Nut Shelling Plant, Pekin said.
Monteon, a county resident, alleges several counts of corruption against Scagliotti, the chairman of the Board of Supervisors.
Tobias’ denial means that Sarsfield remains the sole person to determine whether those counts can be brought civilly on the payments to Scagliotti from the county and the Churchill Nut Shelling Plant for the next three months, Pekin said.
Tobias ruled that Sarsfield cannot be recused within the 120-day period that he has to determine whether or not to file charges, Pekin said.
“The judge found that in the investigative period the recusal statues do not apply, and Sarsfield cannot be challenged,” he said.
Sarsfield retained independent council from a firm in Redwood City to argue against the recusal.
