By
Donald H. Harrison
The controversy over alleged anti-Semitism that was a major issue in
incumbent Dist. Atty. Paul Pfingst's defeat last November by challenger Bonnie
Dumanis is scheduled to be heard in a trial scheduled March 14.
However, attorneys for plaintiff Richard Sachs and defendants Pfingst and the
County of San Diego have a conference scheduled Monday, Feb. 24, to see
whether a settlement is possible to avoid the trial.
On Friday, Feb. 14, Superior Court Judge E. Mac Amos dismissed a motion made
by Deputy County Counsel Bill Johnson that anti-Semitism not be permitted as a
grounds in Sachs' suit contending that Pfingst for many years had denied him a
promotion in the district attorneyıs office from the DA-3 level to DA-4.
Johnson had sought to limit the issue to be litigated to Sachs' original
complaint— that he had been discriminated against on the grounds of a
physical handicap, specifically a bladder problem that would make trial work
difficult.
In the process of taking depositions from Sachs' colleagues, his attorney
Robert Vaage heard allegations from Dep. Dist. Atty. Jim Atkins that Pfingst
had been harassing Sachs since the mid-1980s about being Jewish. Pfingst
denied the charge, noting that there were other Jews in the office with whom
he worked well, and that his own grandfather was Jewish. But as the
controversy became known, other deputy district attorneys agreed in
depositions and statements to the news media that there had been such
harassment against Sachs.
After the election, Vaage won permission to amend the complaint in Sachs'
behalf. There was an exchange of depositions, with Vaage taking one from
Pfingst and Johnson taking one from Sachs. Johnson also subpoenaed testimony
from Morris Causto, the regional director of the Anti-Defamation League, about
what constitutes anti-Semitism.
Before Pfingst left office, he made a number of "midnight
promotions." Most of the deputy district attorneys who were elevated in
grade had been his supporters in the most recent election. But Sachs also was
included on the promotion list.
Vaage said that if Sachs had received the promotion from DA-3 to DA-4 when he
was entitled to it, his earnings would have been between $30,000 and $35,000
higher over the period in controversy. However, he said, the case also could
involve "general damages" if a jury finds that Sachs was entitled to
be compensated for suffering. Beyond that, there would be the award of
attorney costs and fees.
Since succeeding Pfingst, Dumanis, a former Superior Court judge, has remained
mum about the case. As late as last Friday, her spokeswoman, Gail Stewart,
declined to comment on a question from Heritage whether Dumanis was
urging the county counsel's office to settle the case or was remaining neutral
in the matter.
Johnson also declined to comment on what role, if any, Dumanis might be
playing behind the scenes.
While the district attorney's office and the county counsel's office are
separate, both are arms of the government of San Diego County. |