Hollister
– Los Valientes attorney Mike Pekin says he will continue to
protect the identities of his clients, regardless of increased
pressure from both the courts and the San Benito County District
Attorney’s office to divulge the names.
Hollister – Los Valientes attorney Mike Pekin says he will continue to protect the identities of his clients, regardless of increased pressure from both the courts and the San Benito County District Attorney’s office to divulge the names.
And even if District Attorney John Sarsfield is able to force Pekin to turn over the names of the Los Valientes – an anonymous group that has been both maligned as a criminal street gang and lauded as a band of noble corruption fighters – their identities will likely be sealed by a judge and kept from the public, Sarsfield said.
Last week, Pekin and Sarsfield hashed out details of their long-running dispute in front of a retired judge, who is serving as the discovery master in the case. The discovery master ruled that Pekin would have to submit to normal pre-trial investigation procedures, which would include turning over the names of Los Valientes, according to Sarsfield.
“Mr. Pekin must answer our questions,” he said. “The discovery master has already ruled. It’s too late for him. He’s already lost.”
Sarsfield brought suit against Pekin, his Salinas law firm and Los Valientes in 2004, alleging that the group violated the civil rights of eight elected officials and business owners through extortion and by filing false lawsuits. Sarfield’s suit came a year after Pekin and the Los Valientes sued the county alleging corruption. The main claim in Pekin’s lawsuit accused former San Benito County Supervisor Richard Scagliotti of using his position on the board to hastily rezone the Churchill Nut Plant to make $1.2 million profit in a land deal. Thus far, Pekin and Sarsfield have generated a mountain of legal paperwork, but neither side has been able to prove any of their allegations in court.
Pekin is fighting the ruling and hopes to bring the issue back in front of San Benito County Superior Court Judge Harry Tobias. If Tobias doesn’t believe Pekin’s clients have a constitutional right to remain anonymous, Pekin plans to appeal the ruling to the Sixth District Court in San Jose.
“Mr. Sarsfield is still attempting to discover Los Valientes even though Judge Tobias has already ruled they committed no crime,” Pekin said. “I am not going to turn over the names of people who have spoken out against corruption to corrupt government officials.”
In March, Tobias denied Sarsfield’s motion requesting nearly $1 million in damages against Los Valientes, citing the prosecutor’s failure to prove the anonymous group violated any of the alleged victims’ civil rights.
Both parties will appear before Tobias on June 28 in hear Pekin’s objection to the discovery master’s ruling. If Tobias upholds the ruling of the discover master, Sarsfield said the case will be able to proceed to trial.
“We’ll know who the Los Valientes are; then we finish up discovery and set a date for trial,” Sarsfield said. The prosecutor believes the case could go before a trial judge as soon as October, but said the names of Los Valientes would likely stay sealed.
Pekin has vowed to protect Los Valientes and doesn’t think Sarsfield will be able to secure a judgment and set a trial date very quickly.
“This could take months, if not years,” Pekin said. “I still have an opportunity to appeal.”
Pekin has time on his side. After losing a bid for re-election on June 6, Sarsfield has just seven months left in office. His successor, Deputy District Attorney Candice Hooper Mancino, has vowed to discontinue work on the civil matter.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or br******@fr***********.com.
