The District Attorney’s office asked the court for $930,000 in
damages from the anonymous group Los Valientes for alleged civil
rights violations and unfair business practices this week, and a
judge is expected to return with a decision in the coming days.
Hollister – The District Attorney’s office asked the court for $930,000 in damages from the anonymous group Los Valientes for alleged civil rights violations and unfair business practices this week, and a judge is expected to return with a decision in the coming days.
The damages include nearly $300,000 to reimburse the county for money it spent on defending itself against the Los Valientes lawsuit that has since morphed into Monteon v. Scagliotti, and $25,000 for each of the Los Valientes’ eight alleged victims, among other things, District Attorney John Sarsfield said.
“We requested that the county be reimbursed for the $300,000 it spent defending the county from Pekin’s baseless and defenseless charges,” Sarsfield said. “This group went out and attempted to destroy people they were opposed to and drive them out of town.”
In an effort to postpone the damages hearing, Los Valientes attorney Michael Pekin attempted to represent Dennis Madigan, a concerned citizen, who wanted to intervene and have the hearing postponed. Superior Court Judge Harry Tobias, denied Pekin’s request and said that Madigan did not have standing to intervene.
Sarsfield is suing the group for filing lawsuits against governmental entities without proper investigation, and filing false suits against public officials and private citizens with the intent of profiting financially. The victims named in the suit include former Supervisor Richard Scagliotti, San Benito Tire owner Bob Cain, former Planning Department Director Rob Mendiola, Supervisor Pat Loe and former Supervisors Ruth Kesler and Bob Cruz. Each has been singled out for alleged wrongdoing in the Los Valientes lawsuit.
In 2003, Pekin and the Los Valientes filed a suit against Scagliotti claiming that Scagliotti used his position on the Board of Supervisors to profit financially. For example, the suit alleges that the Churchill Nut plant was hastily rezoned from agricultural to manufacturing land, helping Scagliotti make a $1.2 million profit. Los Valientes later dropped out of the suit and county resident Juan Monteon took the role of plaintiff.
Sarsfield filed the civil rights suit in December 2004, and it has been slowly weaving its way through the legal system. His office secured a default judgment against the Los Valientes in June, which a judge grants if the defendants in a suit don’t respond to a complaint within a specified amount of time.
Pekin said Los Valientes were “victims of oppression” and that the lawsuit flies in the face of the United States Constitution, which states that people have the right to petition the government anonymously if they believe it has committed some type of wrongdoing.
“These people are citizens fighting corruption,” he said.
During 40 minutes of oral arguments Wednesday, Tobias had to advise Pekin several times not to argue about matters that were not before the court, such as whether or not his clients were oppressed and afraid to come forward during a previous hearing or whether the district attorney’s prior prosecutions had been deemed discriminatory.
Although both Pekin and Sarsfield expect damages to be awarded, they will have to wait to find out how much.
“I think what Judge Tobias is trying to do is figure out how much these victims are owed,” Sarsfield said. “The Los Valientes crossed the line when they started filing false allegations against people.”
Pekin is hoping Tobias won’t order any damages, but he’s not holding his breath.
“I’m assuming that (Tobias) will allow damages,” Pekin said. “He hasn’t decided yet, but I’m prepared to accept that he may.”
Tobias could make a decision on how much money in damages should be awarded on Wednesday. If Tobias decides to award damages, Sarsfield said plans to force Pekin to reveal the identities of the Los Valientes in order to collect the damages from they. Pekin has vowed that he will not give up the names of the group’s members.
This week’s hearing is the latest in an ongoing legal battle between Pekin and Sarsfield.
Last month, Pekin filed a lawsuit in federal court last week alleging that San Benito County officials violated his civil rights and those of his former legal aide in retaliation for a corruption lawsuit the lawyer filed against a former county supervisor more than two years ago.
The lawsuit claims that county officials encouraged Sarsfield to both criminally prosecute Pekin and his former legal secretary, Amanda Hernandez, and sue them civilly for their involvement in the 2003 lawsuit claiming that Scagliotti was corrupt. In the lawsuit, Pekin is asking for unspecified financial damages and attorney’s fees.
This new lawsuit is just the latest salvo in a legal fight that has been raging for more than two years.
A year later Sarsfield filed a civil lawsuit against Pekin and his business, alleging civil rights violations and unfair business practices. That suit is ongoing. In February of last year, the district attorney filed five felony criminal charges against Pekin, including obstructing justice, attempting to elicit perjury and filing frivolous lawsuits. A judge dismissed those charges in June.
In April, Sarsfield filed a misdemeanor charge against Hernandez, claiming that she was practicing law without a license. That charge was dismissed in September after two visiting judges declared the case weak and lacking enough evidence to proceed to a full trial. Just a couple weeks before, an out-of-town judge said the case against Hernandez was “extremely weak” and “an attempt to stifle” the lawsuit against Scagliotti. Hernandez, who had graduated from law school and passed the state bar exam, finally received her license to practice law last month.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
