The lawyer trying to prove corruption charges against the county
and a supervisor will take the case’s first sworn testimony July 8
after months of legal wrangling and San Benito’s attempts to get it
thrown out.
The lawyer trying to prove corruption charges against the county and a supervisor will take the case’s first sworn testimony July 8 after months of legal wrangling and San Benito’s attempts to get it thrown out.
County lawyer Nancy Miller said Tuesday she doesn’t understand plaintiff lawyer Mike Pekin’s desire to interview San Benito County Sheriff’s Officer Genene Proffitt and Sgt. Scott Becker. Miller will also depose two people on Pekin’s side July 9, the lawsuit’s plaintiff Juan Monteon and his investigator Dave Henderson.
“I have no idea what he’s planning on doing there,” Miller said.
The case involves Hollister resident Juan Monteon alleging several corruption charges against Supervisor Richard Scagliotti and the county. Of six original charges, only three remain.
Pekin’s desire to take testimony of the sheriff’s deputies relates to the charge that Scagliotti had a conflict of interest when the county approved its vehicle maintenance contract with San Benito Tire in 2002.
Pekin said their testimony is relevant because he claims it will prove San Benito Tire’s previous work on sheriff cars was negligent. That should have been enough reason for the county to pass on the shop for the contract, he said. The supervisor, Pekin contends, was negotiating with the shop’s owner to relocate to a property owned by Scagliotti – a clear conflict of interest, Pekin is contending.
“What they’re going to show is – getting the cars even when the service was bad, there’s something wrong there in the competitive business process,” Pekin said.
Monteon in the suit also alleged mismanagement and fraud within the county’s dummy financing corporation – the San Benito Financing Corp. And he alleged Scagliotti used political influence to re-zone a property and make a profit.
After a series of amendments to the suit filed by Pekin since the case began in December, Miller said she could have filed yet another motion to drop aspects of the lawsuit. But she acknowledged the county wants to speed up the process and finish the case as soon as possible. So she filed the necessary court answer that allows Pekin to take the testimony, she said.
Another motion to toss it out could have added months to the timeline. And at the current pace, Miller estimated the two sides would schedule a trial date this fall. Pekin doesn’t expect to go to trial until the spring, he said.
Pekin has been trying to schedule depositions, as many as a dozen senior officials, since the beginning the year. Judges handling the case previously denied Pekin’s attempts, ruling no sworn testimony could take place while the county made motions for demurrers – court lingo for throwing out parts or all of a case.
Kollin Kosmicki can be reached at 637-5566, ext. 331 or at
