Supervisor Jaime De La Cruz and restaurateur Ignacio Velazquez
dropped their $5 million civil rights lawsuit against former
Supervisor Ruth Kesler and San Benito County Friday, saying it was
contributing to the hostile political climate in the county.
Hollister – Supervisor Jaime De La Cruz and restaurateur Ignacio Velazquez dropped their $5 million civil rights lawsuit against former Supervisor Ruth Kesler and San Benito County Friday, saying it was contributing to the hostile political climate in the county.
After battling with members of the Board of Supervisors for weeks to find a resolution, De La Cruz decided to drop the suit he says has become more of a hindrance than a help. He realized the suit, which alleged racism and conspiracy by board members to keep De La Cruz from taking his seat, was tearing at the fabric of the community and only gouging residents in expensive attorney fees.
“The county (recently) spent $300,000 in attorney fees that could have gone to solving the homeless problem … and because of these political issues we continue to use taxpayer dollars,” De La Cruz said. “To put a final nail to this lawsuit’s coffin, I’d like to take this opportunity to express my apologies to the community and the constituents of District 5 – that I hope you will judge me from today forward and that you will continue to support me as county supervisor.”
Supervisor Anthony Botelho, who was sworn in with De La Cruz in January, was especially pleased with his fellow supervisor’s decision.
“I think there’s plenty of blame to go around,” Botelho said. “Jaime exhibited he is a big man to accept responsibility and that is what counts.”
Supervisor Pat Loe, who was a member of the former board De La Cruz’s suit was directed at, was content to have the suit behind her to so she could focus her attention on more pressing matters. Besides being a distraction, the suit also created unnecessary tension within the board’s already-strained political environment, according to supervisors.
“It’s certainly been the elephant in the room,” Loe said. “In my opinion it was a frivolous lawsuit to begin with, so I’m glad it’s over. I’m sure we’ll be able to get down to business now.”
De La Cruz and Velazquez filed the suit in December, claiming Kesler directed racial epitaphs at De La Cruz, calling him “boy” and a criminal, according to the suit. Kesler denied making the statements, but could not be reached for comment Friday.
De La Cruz also claimed that former board members conspired to put him and Velazquez in jail because of the two men’s campaign actions leading up to the March primary election – which culminated with District Attorney John Sarsfield filing four felony charges of election forgery against De La Cruz. De La Cruz, who has continually said that several former board members were awash in corruption, eventually pleaded no contest to one misdemeanor charge of obstructing a police officer and was required to pay a fine and perform community service.
The board’s recent decision to hire the Santa Clara County Counsel’s office to investigate allegations of corruption within the county planning department renewed De La Cruz and Velazquez’s faith in the county government and contributed to their decision to drop the suit, Velazquez said.
Velazquez doesn’t plan to take a sideline approach, however, and said he will seek justice through other channels. He filed a complaint with the civil grand jury to investigate Sarsfield on Friday, who he believes conspired with former board members to keep De La Cruz from taking his seat.
Velazquez, who recently initiated a recall effort against the prosecutor, said if the board had agreed to investigate Sarsfield’s conduct, the two men would have never filed the suit.
“It went on so long because of officials’ refusal to acknowledge there was a problem,” Velazquez said. “We’re comfortable with this and it’s a good way to put an end to it.”
Velazquez said he hopes the civil grand jury’s investigation into Sarsfield will result in the embattled prosecutor’s removal from office. The Board of Supervisors cannot remove an elected official from government, nor can the California Attorney General. However, government code allows the civil grand jury to investigate an elected official and file a motion to remove a county official for willful or corrupt misconduct in office.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or em*******@fr***********.com
