A noticeably distressed Michael Pekin appeared before Superior
Court Judge Harry Tobias Tuesday ready to argue a motion to dismiss
the felony charges against him, but was told he’ll have to wait two
more weeks because he didn’t give the District Attorney’s Office
enough time to prepare.
Hollister – A noticeably distressed Michael Pekin appeared before Superior Court Judge Harry Tobias Tuesday ready to argue a motion to dismiss the felony charges against him, but was told he’ll have to wait two more weeks because he didn’t give the District Attorney’s Office enough time to prepare.
By law in a criminal matter, a lawyer must allow 10 days for the opposing party to prepare arguments against a motion. After both Pekin and Tobias ceremoniously counted 10 days off a large calendar hanging on the wall of the courtroom for everyone to see, it was evident Pekin’s motion was filed several days too late to abide by California law.
“The bottom line here is the conduct of a lawyer. Sir, what can I do to bring this accusation to (a) head?” Pekin said in his pleading to Tobias. “Please don’t tell me that I have to go on with this in my home with my wife for another two weeks. This thing is the most devastating thing that has happened to me since I was drafted to Vietnam. I can’t live with it anymore, I have to face my accuser.”
But during Tuesday’s hearing, Deputy District Attorney Denny Wei appeared on behalf of Special Deputy District Attorney John Picone, who oversaw the grand jury proceeding. Wei requested the District Attorney’s Office have until June 7 to prepare arguments against Pekin’s motion to dismiss his charges. While Pekin asked that the motion be heard next week, Tobias compromised with both sides and set a hearing on May31.
Before issuing a ruling, however, Tobias chastised both parties for failing to work together in a professional manner and put District Attorney John Sarsfield on notice that his office needs to be ready to argue the motion in two weeks.
“If the DA’s Office can’t respond, they have the option of dismissing the indictment and then take as much time as they would like to prepare their case,” Tobias said. “And if Mr. Sarsfield has to quit charging cases and instead assist with the response of the DA’s Office, I believe that needs to be done.”
Pekin was indicted by the criminal grand jury on five felony counts in February stemming from his ongoing lawsuit against San Benito County and former Supervisor Richard Scagliotti. The lawsuit alleges corruption and involves the anonymous group Los Valientes.
The criminal charges, which include obstructing justice, eliciting perjury and filing frivolous lawsuits, also encompasses the restraining order Pekin tried to get against former Planning Department Director Rob Mendiola, which a judge denied. Pekin’s motion to dismiss the charges includes his belief that the District Attorney’s Office withheld evidence from grand jurors that would exonerate the controversial lawyer and that he was indicted without cause.
If convicted of the charges in trial, Pekin could face up to three years in jail and lose his ability to practice law.
The District Attorney’s Office disagrees with Pekin’s arguments, and Picone has said he believes the arguments are without merit.
Pekin will head back to court at 10am on May 31 in Department 2 of the San Benito County Superior Court.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or
em*******@fr***********.com
