Los Valientes attorney files in federal court, suing for
malicious prosecution
Los Valientes attorney Michael Pekin has filed charges in
federal court alleging San Benito County retaliated against him and
his former legal secretary, Amanda Hernandez, when he accused
former Supervisor Richard Scagliotti of
”
mass corruption
”
in a now stalled lawsuit he brought against the county in
2003.
Pekin originally sued the county on behalf of the anonymous Los
Valientes group, but later ostensibly dropped the clients and
replaced the plaintiffs for Hollister resident Juan Monteon, a
bailsbondsman.
Los Valientes attorney files in federal court, suing for malicious prosecution
Los Valientes attorney Michael Pekin has filed charges in federal court alleging San Benito County retaliated against him and his former legal secretary, Amanda Hernandez, when he accused former Supervisor Richard Scagliotti of “mass corruption” in a now stalled lawsuit he brought against the county in 2003.
Pekin originally sued the county on behalf of the anonymous Los Valientes group, but later ostensibly dropped the clients and replaced the plaintiffs for Hollister resident Juan Monteon, a bailsbondsman.
Pekin now alleges that he has evidence that former county Supervisor Richard
Scagliotti had so much influence within the county that he had the district attorney’s office pursue charges against the two. His new lawsuit claims the county has violated his and Hernandez’ civil rights.
“Amanda and I are being prosecuted solely because we revealed that Richard Scagliotti was running the county,” Pekin said. “And the county [former supervisors] put him [District Attorney John Sarsfield] up to it.”
Scagliotti was vindicated when a Grand Jury determined in March that Pekin had filed additional but false affidavits claiming the supervisor and former county Planning Director Rob Mendiola approved and disapproved planning projects at their whim. Building inspector Ken Speciale, who initially supported many of Pekin’s claims, later recanted under oath and alleged that Pekin had “made it up.”
A Grand Jury of 19 people from San Benito indicted Pekin on felony charges including perjury, manufacturing evidence and misleading the courts, but a visiting judge later dismissed the charges.
District Attorney Sarsfield said that he had not heard that the federal complaint was filed and would be very surprised if one was on file at the federal court. He said he was, however, aware of a state lawsuit Pekin has filed.
Pekin’s attorney, Bill Marder, of Paxton & O’Brien in Hollister, confirmed
that the federal complaint was filed on behalf of his client on Thursday, Dec. 29.
The Pekin saga has boiled down to a case of dueling federal lawsuits. In 2004 on behalf of the county, Sarsfield filed a federal civil rights lawsuit against Los Valientes, Pekin, his employees and his business, claiming unfair business practices and that the attorney had violated the civil rights of San Benito residents. That lawsuit is finishing the depositions phase, and Sarsfield said that on Jan. 11 another hearing on the case is scheduled to occur. It’s called a “prove-up” hearing, and Sarsfield noted that it is possible Pekin will have to soon after divulge the identities of Los Valientes in order that they pay default fees on the case. The Los Valientes group never appeared in court for the federal civil suit the D.A. brought against them, and lost the case automatically.
