The County Board of Supervisors voted 4-1 Tuesday that it
has
”
no confidence
”
in District Attorney John Sarsfield saying he has made
questionable decisions for years and will ask the state Attorney
General to investigate whether the prosecutor has been negligent in
handling criminal cases.
Hollister – The County Board of Supervisors voted 4-1 Tuesday that it has “no confidence” in District Attorney John Sarsfield saying he has made questionable decisions for years and will ask the state Attorney General to investigate whether the prosecutor has been negligent in handling criminal cases.
The vote is a formal declaration of the board’s lack of the confidence in the district attorney. Sarsfield claims the vote is an attempt to stymie his prosecution of the Los Valientes, an anonymous group that has been called both a criminal street gang and a group of citizens fighting corruption.
The vote came after harsh criticism from Supervisors Anthony Botelho, Reb Monaco, Don Marcus and Jaime De La Cruz regarding Sarsfield’s management of the district attorney’s office. The meeting attracted a standing-room-only crowd. Supervisors pointed to Sarsfield’s budget overruns, questionable hiring decisions and vicious personal attacks as reasons for the vote.
Botelho, the supervisor who was most vocal in criticism, publicly called for Sarsfield to resign.
“At this point in time, I do not believe he can manage his budget nor has a true interest in law and order in San Benito County,” he said. “Not only will I vote for no confidence, but I ask him respectfully to consider resigning from his position as district attorney with dignity.”
Because supervisors have no authority over his office other than in budget matters, Sarsfield called the vote a “purely symbolic” gesture and said he would not resign. The vote carries no legal ramifications because the board doesn’t have control of his office. Sarsfield said he answers only to the Attorney General.
“It means nothing. I don’t have confidence in them,” he said. “This is just an attempt to stifle my prosecution of the Los Valientes and the fact that this vote came just days before I plan to depose two supervisors is no coincidence.”
Supervisor Pat Loe, the only supervisor to cast a dissenting vote, urged fellow supervisors to postpone the declaration.
“We have a vote of the people coming up in three months. Can’t we let the people vote?” she said. “I don’t see what this will accomplish.”
Loe is a named victim in the Los Valientes civil suit. Sarsfield is suing the anonymous group’s attorney for allegedly violating the civil rights of eight elected officials and local business owners through extortion and by filing false lawsuits.
During the discussion before the vote, Botelho pointed to Sarsfield’s $91,000 budget overrun and his hiring of special investigator Andy Simpson, who county officials later determined wasn’t qualified for the position. Simpson’s actions while working for the DA has since prompted a $500,000 civil rights lawsuit against the county.
Marcus, who, along with Botelho, served as a liaison between the board and the district attorney for more than a year, said he supported the no confidence motion because he had been unable to work with Sarsfield constructively on several issues. Marcus also condemned Sarsfield’s personal attacks on Monaco two weeks ago. Sarsfield alleged that Monaco’s membership in the Society for the Scientific Study of Sexuality was evidence that the board member was trying to stifle his civil prosecution of sex predator Lance Purcell. Monaco denied the allegation.
“What does that have to do with solving the county’s problems?” Marcus said.
The vote also established a subcommittee responsible for taking the issue to the Attorney General. Subcommittee members Botelho and Marcus will go to the Attorney General’s office next month to ask for the investigation and follow the visit up with a letter.
The letter will ask the Attorney General to investigate the following:
n The condition of public business entrusted to the district attorney
n Sarsfield’s expenditure of public funds
n Sarsfield’s alleged negligence in prosecuting criminal cases
County residents filled the packed board room Tuesday and several spoke out before the board voted on issue.
Former Supervisor Bob Cruz defended Sarsfield and urged the board to let the people decide the district attorney’s fate in the November election. Cruz, a named victim in the Los Valientes civil suit, also asked De La Cruz to recuse himself from the vote.
“You were prosecuted for six misdemeanors and it was you and your friends who sued the county for a half million dollars and then tried to recall the district attorney,” he said. “Let the voters decide.”
Cruz was loudly booed by the crowd when he stepped down from the speaker’s platform during public comments.
Resident Fernando Gonzales supported the no confidence vote.
“I feel the board should censure the district attorney and go to the attorney general,” he said. “The district attorney has had a chilling effect on public speech. It seems everyone who disagrees with him is a Los Valiente.”
The vote is a formal declaration of the county’s lack of confidence in Sarsfield ability to manage his office. Sarsfield claims the vote is an attempt to stifle his prosecution of the Los Valientes. He believes both Monaco and De La Cruz are members of the group. Supervisors also discussed Sarsfield’s budget and agreed to pay his outstanding claims, but postponed making a decision on budget controls and restraints for the district attorney’s office. Supervisors will also have to decide if they will give Sarsfield the additional $300,000 he has requested at their meeting next Tuesday.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
