The indictment and arrest of Los Valientes lawyer Michael Pekin
Thursday afternoon could be the end to the San Benito County
criminal grand jury’s investigative reign surrounding the
controversial lawyer’s corruption suit against the county.
Hollister – The indictment and arrest of Los Valientes lawyer Michael Pekin Thursday afternoon could be the end to the San Benito County criminal grand jury’s investigative reign surrounding the controversial lawyer’s corruption suit against the county.
Or it could be just the beginning.
Pekin was indicted by the criminal grand jury on five felony charges and one misdemeanor charge of conspiracy to obstruct justice, falsifying evidence, pursuing frivolous lawsuits and attempting to elicit perjury, among others, according to Special Deputy District Attorney John Picone – the prosecutor overseeing the grand jury.
Picone said he hasn’t decided yet whether the grand jury’s investigation into Pekin and county resident Juan Monteon’s lawsuit has come to a close, or if any more indictments could follow.
“We’ll see where it goes, I can’t say,” Picone said.
Pekin’s indictment was unsealed around 4:30pm Thursday after 19 grand jury members chose to indict him. If convicted on the charges, Pekin faces up to three years in prison and his license to practice law could be yanked for good, according to the District Attorney’s Office.
A group of people, including current and former supervisors, present and past county officials and county attorney’s were subpoenaed to testify in front of grand jury members. Not everyone subpoenaed was called to testify, but Picone declined say why.
“The grand jury heard the evidence they needed to hear,” Picone said. The grand jury transcripts will be made public when Pekin gets arraigned on March 15, and at that time who testified and what they said will be out in the open, he said.
The charges stem from Pekin’s lawsuit against the county and former Supervisor Richard Scagliotti involving the anonymous group Los Valientes, and Pekin’s attempt to file a restraining order against county Planning Director Rob Mendiola, according to 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 District Attorney’s Office.
Pekin believes the allegations made in his lawsuit against Scagliotti and the county are true, and that Sarsfield and Picone convinced the grand jury to indict him on the charges because they don’t believe his suit has merit.
“I asked to appear before the grand jury. Why didn’t Picone call me as a witness?” Pekin asked. “That’s the most basic right we have – to speak in our own defense. So am I surprised by the result? No. But it’s a black mark on San Benito County. A guy asks to speak in his own defense and is not permitted and is then indicted.”
Picone said Pekin did submit evidence in his defense that Picone presented it to the grand jury.
“He submitted something to me, I don’t know if I’d call it evidence,” Picone said. “There’s an obligation of the person facilitating the grand jury to be fair and even-handed. I think (the transcripts) will show we did that.”
While Pekin was the main target of the grand jury’s investigation, at least two other county residents have been subpoenaed in regards to the suit.
Pekin’s assistant, Amanda Hernandez, and county building inspector Ken Specialli both received notices this week that they are targets of a grand jury investigation for allegations of conspiracy to obstruct justice and perjury, among others, concerning the Monteon suit. Specialli, an employee of the county’s planning department under Mendiola, came forward with a signed declaration last week that could implicate Mendiola in the corruption charges.
Whether anyone else will ever see the inside of a court room because of an indictment is up in the air, Picone said.
“We’re going to get to the bottom of this whole issue,” Picone said. “People keep talking about sunlight is the best disinfectant. I think that is the right statement. It will be all in the open and it will be 12 people who make up their mind about Mr. Pekin and he’ll have a chance to defend himself and offer his best defense.”
Sarsfield convened a standing criminal grand jury a year ago. The move was new to the county because it had been years since one was instated, according to local lawyers. Jurors who have been county residents for at least one year and are over 18 submit applications, and are then screened and selected by court personnel.
Attorney Bill Marder, who represented two women in the Victim Witness Department who filed a sexual harassment lawsuit against Sarsfield, blasted the grand jury proceedings and believes Sarsfield is abusing his office to persecute his political enemies. Marder and local lawyers in the San Benito County Bar Association will be voting today whether to issue a ‘no confidence’ vote against Sarsfield, send a letter to the California State Bar denouncing him, do both or do neither.
“He’s targeting Pekin because he took an adverse position toward him. He’s trying to arrest his opposing council,” Marder said. “We don’t want to have criminal defense lawyers who are scared to take adverse positions against the DA.”
But Picone defended the grand jury, and said because of the highly-charged political climate surrounding Pekin’s suit the best way to decide whether charges were warranted was through 19 members outside the political and legal sphere.
“It’s harder to say ‘John Sarsfield is after me’ because 19 members of the grand jury heard evidence for and against (Pekin),” Picone said. “And they made up their minds whether there was probable cause. Now it goes right to trial.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
