In a lawsuit case against a county supervisor, a judge Tuesday
denied a request to speed up the proceedings to allow deposition
testimonials in the next few weeks with several witnesses.
Salinas attorney Michael Pekin had filed a motion to take
testimony from six people, including four Sheriff’s Department
officers and a former County Administrative Officer. To do that,
though, Judge Harry Tobias had to first approve an
”
order shortening time
”
to quicken the court process, Pekin said.
In a lawsuit case against a county supervisor, a judge Tuesday denied a request to speed up the proceedings to allow deposition testimonials in the next few weeks with several witnesses.
Salinas attorney Michael Pekin had filed a motion to take testimony from six people, including four Sheriff’s Department officers and a former County Administrative Officer. To do that, though, Judge Harry Tobias had to first approve an “order shortening time” to quicken the court process, Pekin said.
The San Benito Superior Court judge denied the motion, and there isn’t another court hearing scheduled for more than two months. It is unknown when the witnesses may have to testify.
Pekin represents resident Juan Monteon, who sued Supervisor Richard Scagliotti and others Dec. 9 – alleging several counts of corruption in recent years. Included are alleged acts of profiteering, tax evasion and open meetings law violations.
“He didn’t buy it,” Pekin said of Tobias. “He said that I didn’t show good cause.”
That ruling, however, doesn’t hurt Monteon’s case. It just pushes off the proceedings, Pekin said.
Plus, Pekin acknowledged depositions don’t normally occur so fast – they usually happen 90-100 days after suits are filed. Civil cases in their entirety often take a year or longer to complete, he added.
The six witnesses Pekin asked to interview under oath included sheriff’s Officer Genene Proffitt, Sgt. Scott Becker, Sgt. Wes Walker and Lt. Mike Covell; recently resigned CAO Gil Solorio; and county financial official Marylou Andrade.
Overall, Pekin said the witness count will number “in the dozens” by the case’s completion.
Pekin had asked to schedule depositions with all of them between Jan. 23 and February 4, according to court records. A court reporter is present during the testimony, which is often used in court as evidence.
“The county government continues to whitewash Scagliotti’s corruption,” Pekin reasoned as to why he wanted to interview witnesses in the next few weeks.
The charges in the suit include an allegedly fraudulent land deal; a request for Scagliotti to return $137,000 for a county-financed pipe upgrade to a development; and a request to revoke the county vehicle maintenance contract from San Benito Tire owner Bob Cain – at one time a prospective business partner of Scagliotti’s.
Those allegations stem from a private investigation conducted last year. An anonymous group calling themselves Los Valientes, “the brave ones” in Spanish, commissioned the probe.
