The Board of Supervisors asked District Attorney John Sarsfield
Thursday to stop using the main process server in the Grand Jury
case to unmask the anonymous group Los Valientes due to concerns
about the county’s liability.
Hollister – The Board of Supervisors asked District Attorney John Sarsfield Thursday to stop using the main process server in the Grand Jury case to unmask the anonymous group Los Valientes due to concerns about the county’s liability.
The Board sent Sarsfield a letter Wednesday requesting he stop using William “Andy” Simpson as a process server after some said he represented himself as an investigator for the District Attorney’s Office. Board members were concerned that the county could be sued if someone without a contract was conducting county business, according to Supervisor Anthony Botelho.
Botelho and Supervisor Don Marcus, along with acting County Administrative Officer Susan Lyons, met with the prosecutor Thursday to personally request he only employ the services of people who have a contract with the county, Botelho said. Simpson, who hung up when contacted by phone Thursday, does not have a contract.
“We want to emphasize a level of conduct and professionalism with all employees,” Botelho said. “We asked Mr. Sarsfield if he would review his working relationship with Mr. Simpson. He was very cooperative and he said he would.”
Botelho said he took that to mean Sarsfield would stop using Simpson for any activities in his office. He said the Board would like either employees of the Marshal’s Office or the Sheriff’s Department to serve subpoenas. Sarsfield paid Simpson more than $10,000 between March and August of last year to serve subpoenas, while the county’s primary process server, Marshal Robert Scattini, was only paid about $6,500 in the same time period. Sarsfield said he used Simpson because there are too many subpoenas for one person to serve.
Sarsfield was very receptive to the idea of only using contractual employees and said he agreed with the Board 100 percent.
Sarsfield said Board members could choose to issue Simpson a contract to serve subpoenas, or they could choose someone else.
“They want to take control over it and that’s fine,” Sarsfield said. “I have a very good working relationship with the Board – and that was only one of several things we talked about.”
Questions first arose about Simpson last summer when a number of high-ranking county officials, including Sheriff Curtis Hill and Supervisor Reb Monaco, voiced concerns that Simpson had shown up to traffic stops possibly toting a gun and wearing a badge, which he is not authorized to do because he’s not a state-certified peace officer. When concerns were made public in August, Sarsfield said they were moot because Simpson was no longer volunteering with his office. However, Simpson recently renewed his post as process server, and again concerns have circulated whether he has told people he is an investigator for the district attorney’s office, which he also is not authorized to do.
County resident Al Valles said Simpson recently approached him and told him that if he didn’t talk about what he knew about Los Valientes, he would be subpoenaed and made to testify in front of the Grand Jury. Valles said he has no knowledge of the people involved in the anonymous group, which has brought a corruption lawsuit against former Supervisor Richard Scagliotti. Simpson told him he was an investigator for the District Attorney’s Office, Valles said.
Sarsfield has adamantly denied using Simpson as an investigator and said he has no knowledge if Simpson confronted Valles.
“I don’t know Mr. Valles,” Sarsfield said. “And to my knowledge I’ve never talked to him.”
Special Deputy District Attorney John Picone said he talked to Valles about Simpson, who Picone said was an investigative aid for him in the Grand Jury proceedings. Picone said Valles told him he had information about Los Valientes, which is why Picone wanted to talk to him. He said he sent Simpson to relay the message.
“‘Come cooperate and tell me the truth,’ that is not a threat, that’s a statement of fact. Because that’s what’s going to happen,” Picone said. “I need help, and Mr. Simpson helps me.”
Recently, Simpson delivered subpoenas to a group of 16 county residents asked to testify in front of the criminal Grand Jury as witnesses in what some believe is an investigation aimed at revealing the identities of the anonymous group Los Valientes. The group is represented by controversial lawyer Michael Pekin, who Sarsfield initiated a Grand Jury investigation into more than a month ago. Pekin and the elusive group sued the county and former Supervisor Richard Scagliotti for corruption more than a year ago.
Former District Attorney Harry Damkar sent a police report to the state Attorney General’s Office Monday, asking it to investigate Simpson for alleging impersonating a cop. Sarsfield said Monday he felt comfortable having Simpson work for him and that the volunteer hadn’t done anything wrong.
Botelho said he doesn’t have any first-hand knowledge of Simpson saying he was an investigator, and Sarsfield never mentioned investigative activities during their meeting.
“I’m not sure what capacity he’s working in – whether it’s just subpoenas or doing investigations,” he said. “To me, it’s just to protect the county and have guidelines in which we can conduct ourselves.”
Marcus said he and Botelho met with Sarsfield personally to keep the channels of communication open and keep an amicable relationship between the District Attorney’s Office and the Board.
Marcus didn’t have an answer to what action the Board would take if Sarsfield refuses to discontinue Simpson’s services, but believes it won’t come to that.
“Mr. Sarsfield was very cooperative and understanding of our concerns and said he’ll take them into consideration,” Marcus said. “And I believe he will.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
