Hollister
– Accused Los Valientes leader Richard Place won’t get an
apology from District Attorney John Sarsfield, a judge ruled
Friday.
Hollister – Accused Los Valientes leader Richard Place won’t get an apology from District Attorney John Sarsfield, a judge ruled Friday.
Place, who is running for supervisor in District 3, had demanded an apology from the prosecutor in March after Sarsfield accused him of being the founder and leader of the anonymous group. San Benito County Superior Court Judge Alan Hedegard denied the apology motion on Friday.
“The district attorney is quite free to do his duty as he sees fit without my supervision,” Hedegard told Los Valientes attorney Mike Pekin, who filed the motion on Place’s behalf.
Hedegard cited concerns about prior restraint and free speech for denying the motion. In addition to the public apology, Place sought a restraining order preventing Sarsfield from “using fraudulent tactics and means” to dissuade him from testifying in the Pekin v. Scagliotti corruption case.
Sarsfield has told several media outlets that Place was the founder of the anonymous group, which has been called both a criminal street gang and a group of citizens fighting corruption. Place has repeatedly denied being involved with the controversial group. The allegations were based, in part, on a letter Place sent to the FBI in 2001 claiming that former Supervisor Richard Scagliotti, who later became a target of the Los Valientes case, used his position on the Board of Supervisors to profit in a land deal.
Hedegard did not appear to buy into Pekin’s argument that Place had been intimidated as a potential witness in the case. Being called a member of gang, he said, is “more embarrassing than intimidating.”
Place had also asked the judge to order Sarsfield to send press releases to all news outlets in Monterey, Merced, Santa Clara, Santa Cruz and San Benito Counties stating that he has been determined to have acted in an “entirely legal and commendable manner.” Furthermore, Place had asked that Sarsfield commend him “on my good citizenship” for sending the letter to the FBI.
“I do not believe [the press release] is appropriate , but if it was lawful, I would choose not to interfere,” Hedegard said denying the motion and citing his wish to stay out of Place’s political campaign for the district three supervisor seat. Place had said the accusations damaged his election bid. Hedegard said he did not want to get involved with any decision that could potentially impact a political race.
Sarsfield, who was ordered to be in court Friday for the hearing, said never expected the motion or restraining order to be granted. He also said he was considering filing his own lawsuit against Place for “abuse of process” for filing the “ridiculous” motion.
“I believe Mr. Place is a member of the Los Valientes and I believe he is the founder,” Sarsfield said after the brief motion hearing. “Los Valientes is a criminal street gang and I think it is disgraceful that a man like that would run for public office.”
Place was frustrated by the ruling.
“I feel like I’m caught in a Catch-22,” he said. “(Sarsfield) can say whatever he wants and there is nothing that I can do. This is obviously a political thing.”
Place is running against incumbent Supervisor Pat Loe, who cast the sole dissenting vote in March when the board voted that it had “no confidence” in Sarsfield’s ability to perform the duties of his office.
The Pekin v. Scagliotti suit, formerly Monteon v. Scagliotti, will continue on the basis of an amended complaint filed by Pekin last Friday.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or br******@fr***********.com.
