As the deadline approached for the county’s response to District
5 Supervisor Jaime De La Cruz’s $5 million lawsuit, De La Cruz said
he would drop the suit if the prior board apologized for conspiring
to put him in jail. But his attorney Bill Marder said he expected
the board to make a motion Friday to have the case dismissed from
court.
Hollister – As the deadline approached for the county’s response to District 5 Supervisor Jaime De La Cruz’s $5 million lawsuit, De La Cruz said he would drop the suit if the prior board apologized for conspiring to put him in jail. But his attorney Bill Marder said he expected the board to make a motion Friday to have the case dismissed from court.
The county’s deadline to file its response in a San Jose federal court was midnight last night, according to Marder. By press time, Marder said he had not yet received word the response had been filed.
“It’s my understanding that the county’s attorney will respond today, but I haven’t seen it yet,” Marder said. “But I think that they’re going to do a motion to try to get the case kicked out of court.”
De La Cruz and his campaign adviser Ignacio Velazquez filed the civil suit against the county in December of 2004. The suit alleges former members of the board of supervisors attempted to keep De La Cruz from taking office because he is Latino and not part of the “good ol’ boy network” after he beat incumbent Bob Cruz by 10 votes in the March 2004 election, and that former Supervisor Ruth Kesler repeatedly called De La Cruz “boy” and a “criminal.”
“I’m very disappointed in the fact that Mr. De La Cruz has this lawsuit against the county, and I’ve shown my concern to Mr. De La Cruz about the lawsuit,” said District 1 Supervisor Don Marcus. “I’m trying very hard not to let that interfere with our working relationship. But I would be very encouraged if he would drop the lawsuit; I feel that it would benefit the board and benefit the county.”
De La Cruz said Friday he couldn’t comment on the lawsuit or any pressure from fellow supervisors to drop it now that he is a county supervisor because the matter is still in litigation. However, he did say there was one condition under which he would let the case go.
“All we’re really asking for is a letter of apology from the previous board saying they did conspire to put me in jail,” De La Cruz said.
Marcus said Friday that agreement would have to be between De La Cruz and the old board.
“But if that’s the effort needed to end this lawsuit, I hope that there is consideration on both sides,” he said.
Other former and current supervisors declined to comment on the suit Friday.
“It’s pending litigation. I don’t want to comment on that at all,” said Supervisor Pat Loe, a member of both the previous and current boards.
Former Supervisor Ruth Kesler, who is named specifically in De La Cruz’s suit, said Friday, “I cannot say a word. If I did, I’d say too much.”
When contacted by phone, former Supervisor Richard Scagliotti began laughing when apprised of De La Cruz’s request for an apology.
“Mr. De La Cruz isn’t even worth commenting on,” Scagliotti said.
Supervisors Reb Monaco and Anthony Botelho and former Supervisor Bob Cruz couldn’t be reached for comment.
Velazquez said Friday night he and De La Cruz didn’t have high hopes of the old board apologizing, but would like to see some show of support from the current board.
“We realize that the old board will never admit to what they did, but the evidence is clear. So all we’re looking for is for the county to acknowledge that and issue an apology to let the public know they were wrong,” Velazquez said.
Staff Writer Erin Musgrave contributed to this report.
Jessica Quandt covers politics for the Free Lance. Reach her at 831-637-5566 ext. 330 or at jq*****@fr***********.com.
