Controversial lawyer Michael Pekin is the target of a criminal
investigation by District Attorney John Sarsfield and the San
Benito County Grand Jury for allegations of extortion, perjury and
conspiracy to obstruct justice stemming from the Los Valientes
lawsuit against Supervisor Richard Scagliotti.
Hollister – Controversial lawyer Michael Pekin is the target of a criminal investigation by District Attorney John Sarsfield and the San Benito County Grand Jury for allegations of extortion, perjury and conspiracy to obstruct justice stemming from the Los Valientes lawsuit against Supervisor Richard Scagliotti.
Pekin received a letter that detailed four criminal allegations from Sarsfield Tuesday, he said. The letter includes allegations that Pekin extorted the San Benito County Board of Supervisors in the course of a lawsuit he and county resident Juan Monteon filed against Scagliotti.
Sarsfield refused to comment on the details of the allegations before the Grand Jury hears evidence in January. After evidence is presented, Grand Jury members will decide if the allegations warrant criminal charges.
“They (the Grand Jury) may or may not take action, it’s up to them. He has not been charged. It’s simply the Grand Jury is looking into the matter,” Sarsfield said. “He can submit exculpatory evidence through us – which tends to show a crime has not been committed – and Mr. Picone will be happy to present that.”
Special Deputy District Attorney John Picone, an attorney with a firm in Redwood City, is handling the case for free as part of the DA’s special deputy district attorney program, Sarsfield said.
Picone said Sarsfield assigned him the case late Tuesday and wasn’t fully up to speed on the matter. But he said the extortion allegation stemmed from a comment Pekin made to lawyer Nancy Miller, who represents Scagliotti and the Board of Supervisors in the lawsuit, that he would release personal information about Supervisor Ruth Kesler and Planning Director Rob Mendiola if the Board didn’t do what he wanted them to do.
Pekin recently served Mendiola with a notice to appear in court because he is seeking protection for two planning department employees who he says will implicate Mendiola in the corruption charges against Scagliotti. Pekin said he wasn’t sure how he allegedly extorted the Board of Supervisors and called the investigation “baffling.”
“I’ve just had two men come forward and describe crimes by Scagliotti and Mendiola,” Pekin said. “If there was any doubt that Sarsfield was a puppet of Scagliotti and Mendiola, this pretty well resolves it.”
Sarsfield said in no way did the criminal investigation arise because of any personal relationship with the supervisor, and that he hardly knows Mendiola.
“I’ve never had lunch with him, I’ve never had a drink with him, I’ve never had coffee with him – and you know how much I like coffee,” Sarsfield said. “It’s unfortunate that Mr. Pekin throws those words out there. That’s what got him into trouble to begin with.”
Scagliotti hung up when contacted on his cell phone Tuesday and Mendiola did not return phone calls to his office.
Miller, who represents the board, said she had just received a copy of the investigation Tuesday afternoon and didn’t want to comment on it in detail because she’s not a criminal lawyer.
“It seems there are two sides pitted against each other in San Benito County,” she said. “I don’t see a basis for (Pekin’s) litigation. He’s made a number of allegations, all based on opinion and underlying grudges people have for each other.”
Pekin and Monteon filed a suit containing corruption charges against Scagliotti a year ago. And, Pekin says, planning department employees Ken Speciale and James Stevens came forward last week with declarations that could implicate Mendiola in the corruption charges.
One of the men signed his declaration Tuesday morning and Pekin believes the timing is connected to him receiving the letter advising him of the Grand Jury investigation. The other man hasn’t signed his declaration yet because of a death in his immediate family, Pekin said.
“The same morning I filed a declaration containing accusations against Scagliotti and Mendiola I’m the subject of a criminal investigation,” Pekin said. “I am being punished for calling into question the same county Sarsfield’s working for. What’s wrong with that picture?”
Supervisor Reb Monaco said he hadn’t heard anything about the Grand Jury investigation and refused to comment on it.
“I don’t want to say anything on this,” he said. “I have stayed purposely, completely out of that with Richard from the beginning.”
Supervisor Pat Loe also hadn’t heard of the investigation.
“It’s a total surprise,” she said. “That’s pretty heavy duty stuff, but I don’t know anything about it.”
Supervisors Ruth Kesler and Bob Cruz did not return phone calls Tuesday.
Pekin has been wrangling with Scagliotti for over a year concerning corruption allegations. Pekin’s suit alleges Scagliotti pressured the Board of Supervisors to take its vehicle repair contract from Autoworks to San Benito Tire, the owner of which was a tenant of Scagliotti’s. The suit also alleges Scagliotti abused his power in the county to have the Churchill Nut plant rezoned from agricultural to manufacturing land, which made him a profit of $1.2 million.
Finally, the suit states Scagliotti violated the Brown Act open meeting law along with the county’s four other supervisors while drafting the growth control initiative Measure G for his own personal gain.
Pekin and Sarsfield also have had a feud since Pekin filed a motion several months ago alleging an affair the prosecutor was having with his office manager created a conflict of interest in a criminal grand jury investigation into the March District 5 supervisor election.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected].
