When lawyer Bill Marder heads to court today, San Benito County
Judge Harry Tobias should grant the request to make an
investigative report into the district attorney’s office
public.
When lawyer Bill Marder heads to court today, San Benito County Judge Harry Tobias should grant the request to make an investigative report into the district attorney’s office public. Allowing the public to view an investigative report they paid for about a district attorney they elected only makes sense.
The investigative report, which was funded by the county with taxpayer dollars, should be available for public scrutiny. As an elected official, District Attorney John Sarsfield should accept the fact that he is accountable to the public that elected him and stop trying to keep the investigation under wraps.
A summary report leaked to the Free Lance brought many disturbing findings to light, including Sarsfield retaliated against some of the county’s employees in his office because he believed they were aligned with the former district attorney. The summary also concluded that there was no liability by the county for sexual harassment or gender discrimination.
Effective government in a democratic society is open and accountable to the people. The desire to make the report public is simply a request to show the citizens what they paid for and detail the actions of the district attorney. If Sarsfield has done nothing wrong, as he contends, then the report will dispel any allegations of misconduct.
Why then does Sarsfield seek to keep the report out of the public’s hands? He says releasing the report will unjustly damage county employees and jeopardize criminal investigations. He also has threatened the county and Marder’s clients, Victim Witness Department employees Katie Fancher and Julie Roybal, with lawsuits due to the leak of the report to the Free Lance. Why is the district attorney afraid?
Sarsfield’s arguments hold little weight considering the investigation could be released with all names except for Sarsfield’s and all criminal cases not relating to the charges redacted. Jim Ewert, an attorney for the California Newspapers Publisher’s Association who specializes in Freedom of Information laws, says the county has a duty to the taxpayers to release the information. And considering the controversies surrounding the district attorney’s office since Sarsfield was seated, the public’s right to know far outweighs Sarsfield’s tainted desire for privacy.
Transparency in government is a key element of democracy, and when it comes to the alleged actions of the district attorney, the people have an indisputable right to know – especially when they’re left footing the bill.
