Extortion charge against Fresno City Council president reduced to misdemeanor. Trial date set
In what his defense attorney called “a big win,” Fresno City Council President Nelson Esparza will stand trial for misdemeanor attempted extortion after a judge on Tuesday reduced the felony charge to a misdemeanor.
Esparza will take the witness stand during trial, currently scheduled for Dec. 12, according to his defense attorney, Mark Coleman.
Judge Brian Alvarez presided over the preliminary hearing on Tuesday, in which former Fresno City Attorney Doug Sloan and Fresno City Councilmember Miguel Arias testified. Ultimately, Alvarez said, the issue came down to Esparza’s intent.
“We saw last week exactly where this case ultimately was headed, so it’s really no sweat off our back,” Esparza said, speaking to reporters outside the courthouse after the hearing.
“Reflecting back on my short career in public service thus far, no one’s ever really given me a free pass. There’s always been challenges along the way, and this time is no different,” Esparza said. “We’ve always overcome and will overcome this time as well.”
Prosecutors filed the extortion charge as a felony over the summer, accusing Esparza of threatening Sloan’s employment. Sloan later left his post for a similar job in Santa Monica.
Esparza has pleaded not guilty.
Judge’s ruling
In his ruling, Alvarez said the burden of proof for the prosecution to prove there’s enough evidence for a trial was “exceedingly low.” He also said Sloan’s credibility came into question because he allegedly called Esparza a “pissant millennial” in a conversation with City Manager Georgeanne White, according to an affidavit filed in the case.
During the hearing, both the prosecution and defense focused heavily on how Fresno’s city attorney operates, who they work for and the city council’s authority over the position.
Victor Lai, the prosecutor, argued Sloan’s testimony was enough evidence since Sloan said he believed Esparza meant to extort him. Typically, extortion centers around property as a consequence, and Lai said in this case, it was Sloan’s job.
The defense argued the prosecution’s evidence fell short of the burden of proof since Esparza couldn’t threaten to do something — fire Sloan — Esparza didn’t have the authority to do. The council majority could fire Sloan, not Esparza alone, Coleman said. He also argued there was no evidence Esparza intended to attempt to extort Sloan.
Sloan recounted the conversation between him and Esparza that he believed amounted to attempted extortion. It took place the day after an April 21 council meeting and closed session in which Sloan’s job was evaluated by the city council.
In the alleged conversation, Esparza told Sloan he was the only person preventing Sloan from losing his job and to only work for the council majority.
Sloan said he considered the conversation between him and Esparza a threat, and he did not follow Esparza’s demands. He did not immediately report the alleged threat to law enforcement, but it was the driving factor for him seeking a new job, he said, saying he felt disrespected.
He said he didn’t analyze the conversation or follow up with Esparza to ask what he meant.
‘Pissant millennial’ comment
Coleman questioned Sloan about calling Esparza a “pissant millennial,” something Sloan said he didn’t remember saying but accepted as true per White’s retelling. That comment showed Sloan may have enmity toward Esparza, Alvarez said in his ruling.
At one point, Coleman asked Sloan if he agreed Esparza was a smart man. After a pause, Sloan avoided answering the question: “I don’t want to give you my opinion on that.”
“Because you thought he was a pissant millennial, right?” Coleman asked.
“Well, I’m saying this wasn’t smart,” Sloan responded.
Arias testimony
Coleman spent time questioning both Sloan and Arias about Esparza’s authority to act alone as a councilmember. Both Sloan and Arias testified that most council decisions require a council majority vote.
Arias testified that Sloan left the April 21 closes session evaluation knowing he received a positive evaluation from a majority of councilmembers.
He also said it takes up to five steps for the council to terminate a job, Arias testified, so for Esparza to threaten Sloan’s job was “as practical as it is that pigs can fly.”
Politically charged?
Coleman and Esparza gave a short statement to reporters, taking the opportunity to question Sloan’s credibility and the evidence.
“We saw the prosecution put on their star witness with no evidence during this very preliminary portion of the proceedings,” Esparza said. “So that really should speak to how flimsy and politically charged this case is and continues to be.”
Local Democrats, including Arias and the Fresno County Democratic Party, have questioned whether District Attorney Lisa Smittcamp is using her office to go after potential political opposition. The charges against Esparza are just the latest example, they have argued.
Coleman pointed out that there’s no evidence outside of Sloan’s word about what Esparza said.
“Doug Sloan had been an attorney for 37 years, and he wants us to believe that somebody instructed him to not do his duties,” Coleman said. “Instead of standing up and saying, ‘I can’t do that. What do you mean? Do I understand correctly?’ he left, got a new job.
“He completely shirked his responsibility to the city of Fresno by not clarifying the conversation,” Coleman said. “By not clarifying the confrontation, he violated the resolution. By not taking it to the council, he intentionally deprived the city council of the opportunity to investigate this. He circumvented the whole process, and I believe he circumvented his ethical obligation as an attorney.”
Lai left the courthouse without answering any questions from reporters.
This story was originally published November 15, 2022 at 2:28 PM.