An hour of lively debate interjected with moments of school yard
squabbling spiced up a usually mundane court proceeding Tuesday,
where a judge denied two motions lawyer Michael Pekin had before
the court regarding the District Attorney’s Office and criminal
Grand Jury proceedings.
Hollister – An hour of lively debate interjected with moments of school yard squabbling spiced up a usually mundane court proceeding Tuesday, where a judge denied two motions lawyer Michael Pekin had before the court regarding the District Attorney’s Office and criminal Grand Jury proceedings.
Judge Harry Tobias denied Pekin’s request to terminate District Attorney John Sarsfield’s involvement in a Grand Jury investigation into the controversial lawyer, stating he didn’t believe there was a sufficient conflict of interest to remove the District Attorney’s Office from the case.
Pekin vehemently argued that a motion he filed last summer alleging an affair Sarsfield had with his office manager created a personal bias toward him, which Pekin believes is the reason Sarsfield initiated a Grand Jury investigation into him in the first place.
Sarsfield initiated an investigation into Pekin, his client Juan Monteon and the anonymous group Los Valientes, concerning their corruption lawsuit against San Benito County and former Supervisor Richard Scagliotti in December. Almost 20 county residents have been subpoenaed so far to testify in front of the 19-member Grand Jury in an attempt to unveil the identities of the elusive group and decide whether to indict Pekin on perjury and extortion charges.
“This is what (the public) thinks is the entire thrust of this criminal Grand Jury, which is tearing this community apart,” Pekin said. “People are asking each other in the streets, ‘Are you telling me they can ask me who I talk to, who I associate with?'”
Special Deputy District Attorney John Picone refuted Pekin’s claims, stating that he didn’t see any legal evidence of a conflict of interest, and that Pekin’s claims were nothing more than hearsay, opinion and innuendo.
“He has brought no evidence to support an allegation so severe to recuse the District Attorney’s Office,” Picone said. “The Grand Jury itself is a bulwark to overzealous prosecution. There are 19 citizens who don’t have any conflict hearing this evidence.”
Tobias ruled in the District Attorney’s favor and denied Pekin’s request to restrict the District Attorney’s involvement in the investigation.
“It’s not difficult to believe Mr. Pekin’s argument that there’s a conflict of interest,” Tobias said. “But when you look at the law, it’s not sufficient there be a perceived conflict of interest. I don’t believe the conflict is so severe in this case that the District Attorney and his office should be disqualified.”
Tobias also denied Pekin’s second motion to obtain a county-funded investigative report into Sarsfield’s office that stemmed from a harassment lawsuit filed by two women in the Victim Witness Department.
Pekin argued that he believes the report will validate his claims that Sarsfield is prosecuting him maliciously for alleging the prosecutor had an affair. He also argued that it is his right as a citizen to be privy to a publicly-funded investigation into an elected official, which resulted in Sarsfield and the county settling with the women for $35,000 and several other conditions.
“I’m just a guy… and I want to know, why pay these people $35,000?” Pekin said.
Although Pekin made the argument that he needed the report to show the Grand Jury investigation is a “character assassination by Sarsfield,” Tobias said the report was not relevant to Tuesday’s proceeding and denied his request.
Tobias suggested Pekin re-file his request with the County Counsel’s Office, which he said is the appropriate channel to obtain the investigation.
The Grand Jury proceedings into Pekin and Los Valientes will continue through March.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
