After more than two months of legal wrangling, it’s final:
Several senior county officials will not be impelled to testify in
a corruption case before the March 2 election.
After more than two months of legal wrangling, it’s final: Several senior county officials will not be impelled to testify in a corruption case before the March 2 election.
Michael Pekin, the lawyer for the plaintiff in the civil matter, has been arguing to take sworn testimony of 15 county officials. He was trying to depose those witnesses – and was hopeful the case could be heard – before the election.
Tuesday, visiting Judge Alan Hedegard scheduled the next hearing in the case for March 30 and denied Pekin’s continual request to depose the 15 witnesses until after that hearing. Hedegard took over for Judge Harry Tobias, who removed himself Feb. 17 because his family members have been vocal opponents of Measure G.
An issue with Measure G is one of several counts against county supervisors in the lawsuit – all of which are part of a private investigation into alleged wrongdoing by public officials. Pekin, representing the plaintiff, resident Juan Monteon, claims county supervisors violated the state open meetings law during the measure’s drafting.
“This has really been a merry chase since December,” Pekin emphatically told Hedegard during the hearing, in reference to the suit’s initial filing date of Dec. 9.
Toward the hearing’s end, Hedegard told the often assertive Pekin to calm himself.
“Relax, OK,” Hedegard said. “No heart attacks allowed in my court.”
Adding to the holdup, Pekin on Feb. 9 filed an amended complaint – or a revised lawsuit. That allowed the county an additional 30 days to respond. And as the county did for the initial suit, its hired lawyer Nancy Miller said she plans to file another motion to have the case thrown out.
If she follows through, which must be done by March 10, the hearing March 30 would focus on that motion, according to Hedegard.
