While a local lawyer demanded last week that San Benito County’s
attorney conduct an investigation into whether Supervisor Pat Loe
has a conflict of interest in matters regarding the Los Valientes
civil rights case, the board’s chairwoman denies that it’s even an
issue.
Hollister – While a local lawyer demanded last week that San Benito County’s attorney conduct an investigation into whether Supervisor Pat Loe has a conflict of interest in matters regarding the Los Valientes civil rights case, the board’s chairwoman denies that it’s even an issue.
Local defense attorney Michael Pekin, who is representing himself, his law firm and the anonymous group Los Valientes in a nearly $1 million civil rights case filed by District Attorney John Sarsfield last year, claims that since Loe is a victim in the case she is biased on issues related to the case and its prosecutor.
“Loe put Sarsfield up to this, there is no doubt about it,” Pekin said. “She has been making decisions about Sarsfield for the last year because she stands to gain from this lawsuit.”
But Loe denies any wrongdoing whatsoever.
“(Pekin) certainly has a right to ask, but to me it’s not even an issue,” Loe said Monday. “As far as I’m concerned there is no conflict – I’ve even filed papers with the court saying I want no money. I just want to see justice done.”
Sarsfield is suing the group for filing lawsuits against governmental entities without proper investigation, and filing false suits against public officials and private citizens with the intent of profiting financially.
Loe’s paper work was filed with the court last month, Sarsfield said, adding that neither Loe nor any other member of the Board of Supervisors influenced his decisions in the civil rights case against the Los Valientes.
“Mr. Pekin could claim that the moon is made of cheese, but that wouldn’t make it true,” Sarsfield said. “There is nothing that (Loe) can do as a board member that would affect my decisions as a prosecutor.”
County Counsel Claude Biddle could not be reached for comment on whether he has decided to investigate Pekin’s claims, and his Deputy Counsel Irma Valencia did not return phone calls Monday. But Jim Ewert, legal counsel for the California Newspaper Publishers Association, said that unless Loe had voted on something directly affecting the suit, she wouldn’t have a conflict.
“There has to be a specific monetary gain that flows to the elected official,” he said. “And I don’t see that here.”
Sarsfield’s office has asked the court for $930,000 in damages from the Los Valientes for the alleged civil rights violations. The damages include nearly $300,000 to reimburse the county for money it spent on defending itself against the Los Valientes and the subsequent Monteon v. Scagliotti suit, and $25,000 for each of the Los Valientes’ eight alleged victims, minus Loe.
The victims named in the suit include former Pinnacle newspaper publisher and current supervisor candidate Tracie Cone, former Supervisor Richard Scagliotti, San Benito Tire owner Bob Cain, former Planning Department Director Rob Mendiola, and former supervisors Ruth Kesler and Bob Cruz.
In 2003, Pekin and the Los Valientes, a group of anonymous citizens, filed a suit against Scagliotti claiming that Scagliotti used his position on the Board of Supervisors to profit financially.
The Board of Supervisors met in closed session last month to discuss issues related to the case, but Loe said she recused herself from the discussion after fellow supervisor Jaime De La Cruz suggested she do so. De La Cruz said he simply wanted to know if there was a conflict.
Supervisor Anthony Botelho also agreed with Loe that Pekin’s claims were unfounded.
“I don’t have an issue with it,” he said. “If she had a conflict I’m sure she would do the right thing.”
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or [email protected].
