At least five county residents were served with subpoenas to
appear before the criminal Grand Jury as witnesses in what some
believe is an investigation aimed at revealing the identities of
the members of an anonymous group suing the county for corruption,
but others suspect is retribution for signing a petition to recall
the district attorney.
Hollister – At least five county residents were served with subpoenas to appear before the criminal Grand Jury as witnesses in what some believe is an investigation aimed at revealing the identities of the members of an anonymous group suing the county for corruption, but others suspect is retribution for signing a petition to recall the district attorney.
However, District Attorney John Sarsfield said he has assigned the investigation to Special Deputy District Attorney John Picone and has no discretion over who gets served or why. Sarsfield refused to talk about the Grand Jury and directed all questions to Picone, who said he can’t comment about the investigation but that it has nothing to do with the recall attempt against Sarsfield.
“They are all witnesses, which should tell you that they have information the Grand Jury might need to make its determination,” Picone said.
Supervisor Jaime De La Cruz received a subpoena last Thursday, and since then De La Cruz’s campaign manager and owner of The Vault restaurant, Ignacio Velazquez, Autoworks owner Don Kelley, former mayor Leonard Poletti and former county planning commissioner Dennis Madigan were served with notices to appear as witnesses.
The notices were delivered by William “Andy” Simpson, a volunteer in the district attorney’s office who caused a stir last summer for allegedly impersonating a cop, but none of the subpoenas detailed what the men would be asked to testify about. However, Sarsfield initiated a criminal Grand Jury investigation into lawyer Mike Pekin and the Los Valientes lawsuit about a month ago. Sarsfield has said it’s his mission to discover the identities of Los Valientes – the anonymous group of individuals behind the suit that alleges corruption by former Supervisor Richard Scagliotti, and which is now called the Juan Monteon suit.
Pekin said he has not been served with a subpoena and believes he never will because Picone doesn’t want him to speak for himself.
“He’s going to conduct the entire investigation with mirrors,” Pekin said.
Kelley has been embroiled in the suit for more than a year after he and Pekin alleged the former Board of Supervisors wrongfully awarded a vehicle maintenance contract for a fleet of patrol cars at the Sheriff’s Department to San Benito Tire, and that Scagliotti used his influence as a board member to get San Benito Tire the contract. Part of Pekin’s suit alleged that San Benito Tire owner Bob Cain was a perspective business partner of Scagliotti’s and the deal was signed so Scagliotti could profit financially.
While he’s not sure what he will be asked to testify about, Kelley believes Sarsfield thinks he and Madigan are part of the elusive group because they made comments chastising the state of local politics during the public comment period at a Board of Supervisors meeting last week. He said he has no connection to the group and isn’t sure what pertinent information he’ll be able to provide.
“I guess I’ll go to the hearing and spill it right there – what ever I know, I know,” Kelley said. “I’m not sure what they’re fishing for, but I don’t think they’re going to get any big trophy out of me – not unless they want to know about car parts.”
Madigan also said he could have been targeted because Sarsfield believes he’s part of Los Valientes, but thinks his signature on a notice of intent to recall Sarsfield is more likely the underlying reason. Velazquez launched a recall effort against Sarsfield two weeks ago, and Madigan and Poletti’s names were some of the first of 20 county residents listed on the petition.
“I’m going to guess it’s some kind of retribution,” Madigan said. “I’ve never been subjected to anything like this before. I don’t even know anything about the Grand Jury or that group. Maybe there’s a dart board on the wall and he’s (Sarsfield) throwing darts.”
Sarsfield said he has nothing to do with the investigation and that Picone is in control of who gets subpoenaed.
“I am not the one making the decision,” Sarsfield said. “He’s running it as a professional, independent attorney.”
Poletti said he suspects he’ll be questioned about Los Valientes, but said the only thing he knows about the group is what he’s read in the newspapers.
“I don’t know what their agenda is,” Poletti said. “I have no idea if (the recall) has something to do with it. It’s sure strange if it is. I’m just going in there wondering.”
Velazquez, who has been one of Sarsfield’s most vocal critics, believes the Los Valientes case is a smoke screen for Sarsfield to intimidate people.
“It’s not about Los Valientes, it’s about them trying to keep a lid on all the corruption,” he said. “The last time I checked there’s no law against people speaking out against the government.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
