Judge wants proof of violated civil rights, dismisses second
attempt to block the hearings
Judge Harry Tobias told county attorney Nancy Battel Wednesday
that he does not see any evidence of civil rights violations in the
case she and D.A. John Sarsfield are prosecuting against the
anonymous group called Los Valientes.
The hearing kicked off when attorney Michael Pekin
– who, technically, is an intervening spectator in the case
since he claims to no longer represent Los Valientes – tried to
suspend the hearing until he could finish his other lawsuit against
the county, called Monteon v. San Benito County. Tobias firmly
denied the motion, as he did when Los Val
ientes supporter Dennis Madigan attempted to get the hearing
dismissed last week in an
”
ex-parte stay of proceedings.
”
Judge wants proof of violated civil rights, dismisses second attempt to block the hearings
Judge Harry Tobias told county attorney Nancy Battel Wednesday that he does not see any evidence of civil rights violations in the case she and D.A. John Sarsfield are prosecuting against the anonymous group called Los Valientes.
The hearing kicked off when attorney Michael Pekin – who, technically, is an intervening spectator in the case since he claims to no longer represent Los Valientes – tried to suspend the hearing until he could finish his other lawsuit against the county, called Monteon v. San Benito County. Tobias firmly denied the motion, as he did when Los Valientes supporter Dennis Madigan attempted to get the hearing dismissed last week in an “ex-parte stay of proceedings.”
In Round 2 of what is known as the “prove-up” hearing against the group that alleged widespread county corruption in their 2003 lawsuit brought against former Supervisor Richard Scagliotti and the county, the judge argued he does not believe the county has proved that the secret group has violated any civil liberties of the eight public officials and business people named as injured parties by the D.A. Some of those parties were in the courtroom, including former Pinnacle publisher and District 4 supervisorial candidate Tracie Cone, Supervisor Pat Loe and former Supervisor Bob Cruz.
It means Battel and her colleagues have until Feb. 1, the next scheduled hearing on the matter, to tighten their case. Sarsfield and Battel are asking that Los Valientes pay a total of $600,000 in relief to the alleged victims.
“I don’t see that there’s an evidence supporting that relief,” Tobias told Battel. “Statements such as ‘I was accused of receiving an envelope full of money and sold out’ or ‘I was accused of making favorable planning decisions’…no where does it show that somebody’s civil rights were restrained.”
Battel argued strongly against Tobias’ interpretation of the law.
“In our prayer for damages it asks for costs,” Battel countered. “We’re asking for the monies that have been expended by the county for defending these actions. It’s the taxpayers of San Benito County that shouldn’t bear these costs.”
Tobias said he agreed that taxpayers should not have to foot the bill for the defense against Pekin and his clients, but in the end, he did not agree with Battel’s framing of the argument.
At last week’s hearing, Battel told the court that the county has spent nearly $1 million on its defense against the multitude of complaints and lawsuits Pekin and his clients have papered the count with since late 2003 when Los Valientes first emerged. After filing a California Public Records Request with the county, The Pinnacle learned this week that legal fees for defending against Pekin in the case of Juan Monteon v. the County and when Pekin attempted to intervene in the McGovern v. the County total $263,662.
That figure, however, does not include the $47, 478 severance pay the county forked out to former planning director Rob Mendiola after supervisors fired him based on claims made by Pekin and possibly members of Los Valientes, $25,000 for a private investigator and another $25,000 the county paid for its own fruitless investigation into the planning department. In all, with court fees and other payments made to other law firms, including that of John Picone for his work on the Criminal Grand Jury which indicted Pekin on felony counts of perjury, manufacturing evidence and misleading the courts, the astronomical cost comes to $936,000.
Tobias said he could not understand why Mendiola was named as an injured party when it was the Board of Supervisors, not Los Valientes, that terminated him.
“How did the Los Valientes cause the termination of Mendiola?” asked Tobias.
“It was caused by the claims made against him,” Battel said.
“Let’s face it,” Tobias said. “The board fired him…. I believe I should give you an opportunity to do some research.”
Pekin withdrew his Los Valientes lawsuit in early 2004 after visiting Judge Alan Hedegard kicked his case out of one Pekin tried to piggyback onto, the Rebecca McGovern case v. the County. That case challenged the Board of Supervisors to enact slow-growth Measure G without a vote of the people – as was their choice, but which they opted out of when landowners filed a counter referendum demanding a popular vote on the measure.
After losing out on the McGovern case, Pekin dropped the plaintiff name of Los Valientes and filed an identical suit against the county using a straw plaintiff, resident Juan Monteon, a bail bondsman of Hollister. Monteon was recently arrested and charged with being under the influence of methamphetamine in public and threatening a police officer.
Sarsfield went on the offensive in mid-2004 and filed a civil suit against Pekin, his law offices and Los Valientes for violating the civil rights of the citizens of San Benito, and for attempting to extort and intimidate the county officials and business people named in the current civil suit. Pekin and his associates responded to the complaint, but Los Valientes – also known under the pseudonyms of Pipila Guerrero and Benito Juarez – never appeared in court. So Sarsfield won a “default judgment” against them, which means the anonymous group lost the case by not responding.
Case documents released last week revealed testimony from witnesses that claim Los Valientes members include Vault owner Ignacio Velazquez, who’s running for the 28th Assembly District and Supervisor Jaime De La Cruz. The “mystery witness” whom the D.A.’s office codenamed “Thunder” also indicated that Hollister Councilman and County Marshal Robbie Scattini and his stepson Vince Pryor – a business partner of Pekin’s – could also be involved with the group. Since then, Velazquez has denied being a member of the group.
However, Tobias said Wednesday that just because Los Valientes lost by default, that doesn’t mean they have been found guilty of anything. Battel tried to argue against the concept.
“Because the Los Valientes and the two defendants failed to appear, then any allegations against them have to be truthful,” Battel said.
“You’re wrong there,” Tobias interjected, adding that the burden of proof that civil rights have been violated remains squarely on the shoulders of plaintiffs’ attorneys. “This case should have never been brought to court because no one’s civil rights have been violated. Speech alone is not enough to cause an action.”
The continuation of the Los Valientes prove-up hearing is scheduled to take place Feb. 1 at 2:30 p.m. at the San Benito County courthouse.
