A probe into District Attorney John Sarsfield by the California
State Bar Association, initiated in response to a February
complaint filed by the San Benito County Bar Association claiming
he abused his power, is officially dead, according to local
attorneys.
Hollister – A probe into District Attorney John Sarsfield by the California State Bar Association, initiated in response to a February complaint filed by the San Benito County Bar Association claiming he abused his power, is officially dead, according to local attorneys.
San Benito County Bar Association President Chenoa Summers did not return phone calls, and the state bar does not comment on investigations unless formal charges have been filed. However, several local attorneys confirmed Summers announced during a recent bar meeting that the investigation was dead, barring a ruling from a judge that Sarsfield was guilty of prosecutorial misconduct.
Most of the local attorneys asked to remain anonymous because the meeting was confidential. Michael Pekin, who is involved in a long-running legal struggle with Sarsfield, was the exception.
“It’s a dead soldier out of the state bar,” said Pekin. “The state bar is doing nothing.”
Pekin, who was noticeably upset about the state bar’s inaction, was the target of an investigation for alleged misconduct by the state bar concerning allegations of obstructing justice and filing frivolous lawsuits. He did not know the status of his case Tuesday.
“I have so little respect for them, I don’t even answer them anymore,” Pekin said. “The people of the county of San Benito have been cheated badly by the state of California.”
Sarsfield, who is not a member of the local bar, said he had heard nothing about the investigation and was never contacted by a state bar investigator. But he wasn’t surprised to hear the investigation had gone belly-up, claiming from the beginning that the complaint was nothing but local defense attorneys attempting to harass him.
“There was nothing to begin with. Everybody has a right to complain about the government, but it’s not a legitimate basis to say we don’t like the prosecutorial priorities he’s established,” Sarsfield said. “It’s so much sour grapes, that’s all it was. It stank. But it’s not the first complaint that’s been filed against me up there and I’m sure it won’t be the last.”
In February, the local bar voted that they have “no confidence” in the prosecutor and issued a statement that he “has abused the power of his office and that his conduct constitutes a threat to the public’s ability to exercise their constitutional rights.”
In particular, the bar cited Sarsfield’s use of the criminal grand jury, which indicted Pekin with five felony counts including eliciting perjury and filing frivolous lawsuits, which were later dismissed by a judge.
The felony charges stemmed 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 former county Planning Director Rob Mendiola, who was later fired.
Sarsfield claimed Pekin manufactured false documentary evidence in pursuit of filing the restraining order against Mendiola. 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 is still attempting to discern the identities of the elusive group.
Bar members also voted to endorse a recall effort against Sarsfield, which later failed. The recall endorsement eked by with only 13 of the 24 members present at the vote being in favor. Pekin’s and his son Patrick voted in favor.
Sarsfield also charged Pekin’s aide, Amanda Hernandez, with a misdemeanor charge of practicing law without a license, which a judge recently dismissed.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
