If anyone ever needed any proof of why a secret criminal grand
jury is a bad idea all one needs to do is spend a day reading the
transcripts from the secret criminal grand jury that was assembled
to indict attorney Michael Pekin. In legal circles, the joke about
secret criminal grand juries is that a ham can be indicted by
one.
If anyone ever needed any proof of why a secret criminal grand jury is a bad idea all one needs to do is spend a day reading the transcripts from the secret criminal grand jury that was assembled to indict attorney Michael Pekin. In legal circles, the joke about secret criminal grand juries is that a ham can be indicted by one.

In a perfect world, a secret criminal grand jury might be a good idea, but unfortunately they have been perverted by one too many District Attorneys, including John Sarsfield and his “Special Deputy District Attorneys” John Picone and Michael Headley.

Reading the transcripts of the special grand jury I found myself confused with John Picone’s explanation about who shot Roger Rabbit. What the heck did Roger Rabbit have to do with the allegation that attorney Michael Pekin was holding the county hostage through extortion? After reading the transcripts over a few times, I realized John Picone could care less about Roger Rabbit, Bugs Bunny or any of his other favorite cartoon characters. Mr. Picone was just trying to keep the criminal grand jury confused!

How can a criminal grand jury make an intelligent decision about a defendant if they don’t even know who the people presenting the allegations are and why they’re meeting? John Picone and Michael Headley presented themselves as “Special Deputy District Attorneys,’ but what exactly does that mean? It turns out that “Special Deputy District Attorneys” John Picone and Michael Headley claim to be volunteers helping the community by providing their expert services for free. The truth is that they work for the mega out-of-town law firm Fish and Richardson, which represents San Benito County on several issues. Fish and Richardson has billed the county for thousands of dollars for work related to former Supervisor Richard Scagliotti and District Attorney Sarsfield. The issue that is most shocking is that Mr. Picone’s and Mr. Headley’s legal expertise is in intellectual, property, patent and trademark law – not criminal law. In most counties, this would be a clear conflict of interest, but for District Attorney John Sarsfield it seems that facts just get in the way.

During the introduction of the case to the secret criminal grand jury, Mr. Picone presents the reasons why the grand jurors are meeting and the charges they will be reviewing, including the “extortion and attempted extortion of the County of San Benito Board of Supervisors in the course of the Monteon versus Scagliotti litigation.” By the end of the secret criminal grand jury hearings, Mr. Picone has completely changed the reason why the secret grand jury is meeting when he proclaims that “extortion is not part of this inquiry. This inquiry is focused exclusively on that temporary restraining order motion and whether it was lawful for him to submit those unsigned declarations that he knew contained false statements and that he knew there were statements that they made up.”

In earlier statements to the press, District Attorney John Sarsfield claimed he had assembled a secret criminal grand jury that was going to expose the Los Valientes and the terror they have been inflicting on the community by indicting all those involved with Los Valientes. Once again, the transcripts show that the secret criminal grand jury was mislead. One grand juror is so confused that he declares, “I still don’t know who this group is, Los Valientes. I don’t have no idea. How are we going to deliberate on something we don’t know?” Mr. Picone responds by saying, “Mr. Pekin is the target, not Los Valientes.” A few minutes later another juror declares, “I can barely remember what we are deliberating about, to tell you the truth.” Moments later, Mr. Picone states, “I agree it’s very broad and very free and far-ranging.”

If anything, I feel “Special Deputy District Attorney” John Picone and District Attorney John Sarsfield might have single-handily proven that secret grand juries are nothing more than a way to attack your political opponents.

I don’t know who shot Roger Rabbit, but I do think our district attorney, John Sarsfield, has once again shot himself in the foot with another witch-hunt. This is clearly a farce by the district attorney to keep people from speaking out against him. Mr. Sarsfield apparently believes that by usurping our constitutional rights he can cover up his misdeeds.

I predict that Mr. Sarsfield will soon learn another lesson in law when the courts try this case under factual evidence and quickly dismiss it along with all the other cases he brings before the courts. Unfortunately, it is you and I that keep paying for John Sarsfield’s lack of understanding of the United States Constitution.

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