A judge has ordered the San Benito County District Attorney’s
office to hand over grand jury documents involving attorney Michael
Pekin and the anonymous group Los Valientes.
San Benito County Superior Court Judge Harry Tobias ruled in
Pekin’s favor during a court hearing last week, at which the
Salinas-based attorney asked that the district attorney make
available for his defense documents related to the investigation
that led to five felony charges against him.
Hollister – A judge has ordered the San Benito County District Attorney’s office to hand over grand jury documents involving attorney Michael Pekin and the anonymous group Los Valientes.
San Benito County Superior Court Judge Harry Tobias ruled in Pekin’s favor during a court hearing last week, at which the Salinas-based attorney asked that the district attorney make available for his defense documents related to the investigation that led to five felony charges against him.
The charges stem from a lawsuit against the county and former Supervisor Richard Scagliotti alleging corruption within county government and involves the anonymous group Los Valientes, which filed the original suit. Sarsfield has been actively trying to uncover the members’ identities of Los Valientes for months.
Pekin faces up to three years in prison and could be stripped of his license to practice law if convicted on the charges, which include obstruction of justice, attempting to elicit perjury and filing frivolous lawsuits.
Pekin called the judge’s ruling a victory, but the district attorney dismissed it as routine and a basic part of the legal process.
“The order says comply with the law – there’s nothing shocking in that,” said Special Deputy District Attorney Michael Headley, who argued the motion. “It’s just a run of the mill discovery motion. But the judge did not rule on all the things Pekin filed.”
Pekin also asked Tobias to grant his request for a full copy of an internal investigation into the district attorney’s office, which stemmed from a sexual harassment lawsuit filed against District Attorney John Sarsfield by two women in the Victim Witness Department. That request was denied.
“Wouldn’t I love it if it included the report, but it doesn’t,” Pekin said.
Pekin believes the additional information will bolster his claim that the district attorney withheld evidence from grand jurors that would exonerate him, and that he was indicted without cause.
Pekin has claimed from the beginning that Sarsfield initiated a criminal grand jury investigation because of a personal vendetta: In March 2004, while Pekin represented Supervisor Jaime De La Cruz and his campaign adviser Ignacio Velazquez – who is spearheading the recall effort against the prosecutor – against election violations regarding the District 5 supervisors race, Pekin alleged Sarsfield was having an affair with his office manager, Nancy Leon.
The Free Lance recently printed a copy of a summary of the internal investigation, which sustained allegations that Sarsfield retaliated against several of his employees for political reasons and had a romantic relationship with his office assistant. The county has not made public a copy of the full report. The women’s attorney, Bill Marder, also requested Tobias grant a motion to release the report in April, but Tobias has yet to issue a decision.
Pekin and his attorney, his son Patrick Pekin, believe Tobias’ latest ruling is a major step in clearing the attorney of the charges. They believe the district attorney’s office has information, including numerous interviews of grand jury witnesses conducted in the privacy of the District Attorney’s Office, that could exonerate the elder Pekin, Patrick Pekin said. They believe Sarsfield and Special Deputy District Attorney John Picone, who oversaw the grand jury proceedings, have failed to provide crucial pieces of information to the defense.
“I think they’re trying to hide the ball,” Patrick Pekin said. “They have to give us everything that results from their investigation. That’s the substance (of the criminal charges).”
Picone said the prosecution has never tried to hide anything from Pekin.
“I don’t know the foundation of his belief because that’s just not true,” Picone said.
Pekin and his son are currently working on the court order that will detail specific interviews conducted by Picone that they want to see, Patrick Pekin said. They have to serve the district attorney with the order, and should have it filed by the end of the week.
Sarsfield denies initiating an investigation for personal reasons and claims he is simply trying to save the county thousands of dollars Pekin’s “frivolous” lawsuits incur.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336.
