Cloud of suspicion hangs over Fresno council president. Here’s what needs to happen

The latest controversy to embroil the Fresno City Council came Monday, courtesy of District Attorney Lisa Smittcamp.

Her public integrity unit filed a felony attempted extortion charge against Council President Nelson Esparza. The DA alleges that Esparza strong-armed former City Attorney Doug Sloan into working for only four of the seven council members. The DA added a charge of attempting to violate the city charter.

If proved in a court of law, Esparza could face potential fines, jail time, or up to three years in state prison.

For his part, Esparza declined to offer any comment to The Bee Editorial Board Tuesday on the advice of his attorney. However, in a previous court filing in a different case, Esparza denied ever directing Sloan to work for only part of the council.

Among two other council members, the lines were drawn into distinct camps. Garry Bredefeld, who represents the city’s northeast neighborhoods, viewed the allegations as serious and worthy of investigation and their time in court. Miguel Arias, who represents south and west Fresno, said the charges were brought by a conservative district attorney who is doing the bidding of Republican power brokers in town out to hurt the council’s Democratic majority.

Extortion is serious

Two points need to be made. First, like any criminal defendant, Esparza is innocent until proven guilty.

Second, extortion is serious. It is its own section in the California Penal Code — Section 518. It involves getting “property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”

As reported by Bee staff writer Brianna Vaccari, Bredefeld first alleged in May that Esparza committed extortion by threatening Sloan’s job if he completed work for councilmembers other than the majority, which includes Esparza as well as Arias, Maxwell, and Esmeralda Soria. The four are Democrats.

Bredefeld, a conservative, said Esparza threatened Sloan in a private meeting in April and that’s what ultimately caused Sloan to leave his position with the city.

Sloan shared details of a conversation he had with Esparza in an email. That message was relayed to several people, but never intended to become public, Sloan said.

For his part, Esparza denied the allegations, eventually filing a defamation suit, which accused Bredefeld of “knowingly making false allegations.” Esparza ended up withdrawing the lawsuit. A declaration revealed Bredefeld made the initial report to the district attorney.

Arias has publicly rebuked Smittcamp for bringing charges against leading Democrats, saying she unfairly prosecutes liberals while giving Republicans a pass. As an example, he referred to the prosecution and acquittal of Assemblymember Joaquin Arambula, D-Fresno, for misdemeanor child abuse, and Smittcamp’s public investigations of other Democratic councilmembers that led to no charges.

Smittcamp does not discuss current cases but has told The Bee Editorial Board she is motivated by nothing more than seeking justice and upholding the law.

Voters’ judgment

In one sense, a judgment has already been rendered about Esparza. Voters easily re-elected him in the June primary, despite the allegation about extortion having been made. (Full disclosure, The Bee Editorial Board recommended that he be re-elected).

Be that as it may, the fact is that Esparza has a criminal case hanging over him. In the role of council president, he chairs the meetings and is the representative of the seven members at public events. It would be wise for him to relinquish those duties and step back as president until the extortion case is resolved. He can remain on the council to deal with district needs.

Council vice president Tyler Maxwell can assume the top role for now. That way, Esparza’s situation won’t be any more distracting than it already is.