District Attorney John Sarsfield expects to receive an
investigative report of the circumstances surrounding the contested
District 5 supervisor race Monday from the county’s hired
inspector.
District Attorney John Sarsfield expects to receive an investigative report of the circumstances surrounding the contested District 5 supervisor race Monday from the county’s hired inspector.
He will then consider whether to commission his recently-formed criminal grand jury to examine potential charges – if the report alleges illegality.
“None of the reports are finished,” Sarsfield said Wednesday. “And if there are allegations of wrongdoing, at that point all procedural possibilities would be considered, including the grand jury.”
Meanwhile, the clock is ticking on Jaime De La Cruz, the challenger whose apparent victory is being questioned, who has yet to retain a lawyer. He was served with the official court documents on the case April 23.
If the District Attorney’s Office pursues prosecution, De La Cruz could be facing criminal charges along with the civil lawsuit contesting his apparent triumph in a March race over incumbent Bob Cruz. Cruz lost the March 2 race by 10 votes.
Cruz’s wife, Marian, filed the most recent version of the challenge April 9 and wants to have the result nullified for a redo race in November. The county hired a Santa Cruz inspector to investigate the allegations and commissioned the Secretary of State’s Office to audit the race’s result.
The suit points to eight absentee ballots improperly returned to the office, which were still counted. It also alleges that five other ballots, including two absentees mailed by De La Cruz, should be disqualified.
But a private investigator hired by government watchdog Dennis Madigan says De La Cruz has nothing to worry about.
Salinas Investigator Dave Henderson, known locally for his investigation into Supervisor Richard Scagliotti, recently completed his own independent probe.
Not only is De La Cruz innocent of potential criminal charges, Henderson said, but the race’s result should not be nullified based on mistakes made by the Elections Office.
Henderson pointed out that De La Cruz’s camp relied on advice from the Elections Office. Head elections official John Hodges has acknowledged his office accepted and counted improper ballots. The counting process, however, is anonymous, leaving it unclear how those residents voted.
Henderson compared Marian Cruz’s argument to a police officer waving a driver through a stop sign – then a different officer ticketing that driver.
“When we act in good faith upon the reliance of the government, we cannot and should not be penalized for that,” Henderson said.
He said he is confident that Sarsfield will take the case – if there are criminal allegations – to the criminal grand jury.
“John Sarsfield will not bear the responsibility of exonerating Mr. De La Cruz of any criminal wrongdoing,” Henderson said.
A criminal grand jury, Sarsfield said, is an appropriate tool for “politically charged” cases. Its members, appointed by the court, make recommendations whether to indict suspects.
“No matter what I do or don’t do, people are going to scream,” Sarsfield said.
Regardless of whether criminal charges are brought forth, De La Cruz still has the civil suit hanging over his lawyer-less head.
After being served with court documents – after which he has 30 days to respond – De La Cruz was under the impression Salinas lawyer Michael Pekin would represent him. That, however, is no longer the case.
“I’m in the process of looking for an attorney,” said De La Cruz, who declined to comment further until the inspector’s report is released. Pekin also declined to comment.
Pekin’s participation may have raised questions of Henderson’s involvement – and whether it is objective – because the two are linked in the Scagliotti case. Pekin has been the lawyer on two separate cases that cited Henderson’s report on Scagliotti and other county officials.
Whether or not Pekin had represented De La Cruz, Henderson said his investigation was unbiassed. Pekin, he said, is “one of hundreds of lawyers I’ve worked with.”
It is also unclear whether San Benito County holds any obligation to represent De La Cruz – as he is the supervisor elect.
County Counsel Karen Forcum said she doesn’t know the answer, and that her office “would need to do some research” on it.
“We don’t typically research questions we haven’t been approached on,” she said.
Press officers with the Secretary of State’s Office did not immediately return phone calls inquiring on the matter Wednesday.
