To lawyer Michael Pekin’s dismay, Superior Court Judge Harry
Tobias continued the court procedure Tuesday to hear the attorney’s
arguments to dismiss the felony charges against him until an
out-of-county judge can adequately read the materials presented by
both sides.
Hollister – To lawyer Michael Pekin’s dismay, Superior Court Judge Harry Tobias continued the court procedure Tuesday to hear the attorney’s arguments to dismiss the felony charges against him until an out-of-county judge can adequately read the materials presented by both sides.
Pekin said Tobias continued the matter because he had not been able to read the nearly 400 pages of criminal grand jury transcripts the felony charges stem from, along with Pekin’s motion to dismiss which contains more than a hundred pages. Pekin said Tobias conceded that he cannot take on the mammoth task while being responsible for the multitude of other cases on his legal calendar.
So instead, Tobias passed the matter onto Monterey County Judge Alan Hedegard, who has been the presiding judge in Pekin’s lawsuit against San Benito County and former Supervisor Richard Scagliotti for the past year and a half, Pekin said.
“What a breath of fresh air for a judge to say that this is one that he just can’t field. (Tobias) said the judge who decides this motion will have to commit days of reading motions,” Pekin said. “Hedegard has ruled against me, but he has always been fair. And he knows this case like the back of his hand.”
Pekin was indicted by the criminal grand jury on five felony counts in February stemming from the lawsuit against Scagliotti and the county. 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.
Tobias first suggested retired San Benito County Superior Court Judge Tom Breen preside over the case, but Special Deputy District Attorney John Picone, who oversaw the criminal grand jury proceeding, said the District Attorney’s Office was opposed to Breen’s involvement.
Picone said the fact that the District Attorney’s Office would challenge Breen is “utterly irrelevant” to the case, and that while there is a reason for the opposition, he is “not at liberty to discuss it.”
The District Attorney’s Office disagrees with Pekin’s arguments, and Picone has said that while he believes Pekin’s arguments are without merit, he’s in no rush to get before a judge or jury for an official determination of who’s right and who’s not.
“I don’t mind a slow, deliberate, orderly process,” Picone said. “That’s the way it’s supposed to work.”
Pekin will appear before Judge Alan Hedegard on June 20 to argue his motion to dismiss the charges.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
