Los Valientes lawyer Michael Pekin was arrested Wednesday after
the San Benito County criminal grand jury indicted him on charges
of conspiracy to obstruct justice, falsifying evidence, pursuing
frivolous lawsuits and attempting to elicit perjury, among
others.
Hollister – Los Valientes lawyer Michael Pekin was arrested Wednesday after the San Benito County criminal grand jury indicted him on charges of conspiracy to obstruct justice, falsifying evidence, pursuing frivolous lawsuits and attempting to elicit perjury, among others.
The seven felony charges stem from Pekin’s lawsuit against the county and former Supervisor Richard Scagliotti involving the anonymous group Los Valientes, and his attempt to file a restraining order against county Planning Director Rob Mendiola, according to a statement from the District Attorney’s Office.
The investigation into Pekin, initiated by District Attorney John Sarsfield, revealed Pekin manufactured false documentary evidence in pursuit of filing the restraining order against Mendiola, according to the statement. If convicted, the seven felonies could send Pekin to prison for up to three years and result in the loss of his law license, according to the statement. Sarsfield triggered the investigation into Pekin in December, and later made it his mission to discover the identities of Los Valientes through the grand jury.
Sarsfield would not comment on the indictment, and Special Deputy District Attorney John Picone, who oversaw the grand jury proceedings, also declined to comment.
But Pekin didn’t appear rattled by the afternoon visit to the jail and believes the evidence he’s collected will exonerate him when the case goes to trial.
“This is a crime of moral turpitude. I haven’t been arrested since I was released from Vietnam,” Pekin said on his cell phone while en route to jail Wednesday afternoon. “It’s a little crazy and I hope it starts to make sense to the Board of Supervisors. There could be some liability issues with this.”
When grand jury members made their indictment isn’t clear, but it wasn’t unsealed until about 4:30pm Wednesday afternoon because an indictment is confidential until the defendant is taken into custody, said Alex Calvo, court executive officer. The court closes at 4pm and Pekin wasn’t arrested until about 4:10pm, so a copy of the indictment was not available.
While on his way to take out $1,000 in bail money from the bank before District Attorney Investigator Pat Stevens escorted him to jail, Pekin popped his head into the Free Lance where he was scheduled to give an interview.
“The interview’s off,” Pekin said. “I’m getting arrested.”
Waiting at the jail to catch Pekin being led inside to be booked was a photographer from The Pinnacle newspaper, according to jail personnel.
After posting bail and being released from jail, Pekin said he believes all the allegations made in his lawsuit against Scagliotti and the county are true. Pekin believes Sarsfield and Picone convinced the grand jury to indict him on the charges because in Sarsfield’s opinion Pekin’s suit has no merit.
When reached by phone Wednesday Sarsfield wouldn’t comment on the charges or anything else concerning the arrest and quickly got off the phone saying he had to go.
Pekin and county resident Juan Monteon filed the suit containing corruption charges against Scagliotti a year ago. Planning department employees Ken Specialli and Jim Stevens recently came forward with signed declarations that could implicate Mendiola in the corruption charges. County Supervisors plan to hire an investigator to look into the allegations involving the planning department.
Pekin will be arraigned on the charges on March 15, and at that time Picone will have to present him with the grand jury transcripts, Pekin said. The transcripts will reveal what was presented to the members of the jury, who testified and what they said, he said.
Pekin wants the Fair Political Practices Committee and the California State Bar to come in and investigate him, along with County Counsel Karen Forcum, Sarsfield and Nancy Miller – Scagliotti and the county’s attorney in the Los Valientes lawsuit – concerning the legal state of affairs in the county.
Pekin believes if the state bar investigates, it will clear his name and validate his lawsuit at the same time. He said he’s not too worried about being sent to prison yet.
“I’m still fighting to get the state involved. Watch me the month before my trial,” he said. “The prejudice against the defense is extreme. But that is your justice system in this county.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or em*******@fr***********.com
