For the second time in as many days, a local defense attorney
has filed a complaint with the California State Bar against San
Benito County District Attorney John Sarsfield.
The complaint, filed Thursday, alleges Sarsfield is attempting
to defame and discredit an investigator defense attorney Arthur
Cantu hired to work on several high profile cases.
For the second time in as many days, a local defense attorney has filed a complaint with the California State Bar against San Benito County District Attorney John Sarsfield.
The complaint, filed Thursday, alleges Sarsfield is attempting to defame and discredit an investigator defense attorney Arthur Cantu hired to work on several high profile cases.
“When he attacks my investigator during ongoing proceedings about cases that are 10 or 20 years old, then he’s gone too far,” Cantu said. “Ultimately, we’ll let the oversight committee with the state bar look at Mr. Sarsfield’s conduct and determine the appropriate actions.”
In his complaint Cantu claims Sarsfield purposely dug up nearly 60 murder, manslaughter and major felony cases, some dating back to 1984, in order to discredit private investigator Dennis Stafford and possibly derail his defense of his clients Robert Orabuena of Gilroy and Albert Solorio of Hollister.
“Mr. Sarsfield intentionally did this to defame my investigator and to prejudice our ability to defend the two current cases that my investigator is assisting me on,” according to the complaint.
Sarsfield said he has done nothing to harm or derail Cantu’s cases and the action he has taken to reopen the prior convictions is something he has to do.
“Mr. Cantu can file whatever he wants, but he will have to face the legal consequences that come with filing a baseless report,” Sarsfield said. “I have done what I believe I was obligated to do under the law.”
Sarsfield said there is no political vendetta against Cantu – who ran against Sarsfield for district attorney – or against Dennis Stafford.
“I don’t even know Mr. Stafford. I have done what I believe the law requires me to do,” Sarsfield said. “I haven’t taken any enforcement action against any of these guys.”
Cantu said Sarsfield is knowingly trying to reopen supposed violations of the Brady Standard involving Stafford and the prior district attorney’s administration, even though he knows there is no substantial proof of wrongdoing.
The Brady Standard is based on a 1963 U.S. Supreme Court Ruling that said prosecutors have to turn over any information they have that could benefit the defense’s case.
Cantu points out that former district attorney Harry Damkar wrote Sarsfield a letter on Aug. 21, three weeks before he went public with his investigation. The letter explained there were no Brady violations because the alleged misconduct he said Stafford was accused of was determined by the Hollister Police Department to be unfounded.
Cantu said he hopes the complaint to the state Bar will serve as a wake-up call for Sarsfield.
“I’m going to leave it in the hands of the professionals with the state bar to deal with Mr. Sarsfield’s outrageous behavior.”
