Fresno Councilmember reported colleague to FBI, district attorney, court filings say

In court documents filed this week, Fresno City Councilmember Garry Bredefeld signed a written declaration saying he reported to the Fresno County District Attorney’s Office and the FBI allegations that Council President Nelson Esparza extorted then-City Attorney Doug Sloan.

Bredefeld later made the allegations publicly when he held a news conference, but at the time he declined to say who made the report and to which law enforcement agency. The district attorney’s office declined to say whether it is investigating the allegations. The FBI has a long-standing policy to not confirm investigations.

Bredefeld’s attorney, Walter Whelan, also filed a motion this week seeking to dismiss Esparza’s defamation case against Bredefeld, citing anti-SLAPP arguments. Whelan in the motion said his client simply told the truth.

SLAPP stands for “Strategic Lawsuit Against Public Participation.” These types of lawsuits are often used to silence criticism by racking up expensive legal proceedings to intimidate people who are exercising their First Amendment rights. California has strong anti-SLAPP protections.

Whelan also argued in the motion that Esparza will not meet the burden of proof required for his defamation claim.

The matter is due in court before Judge Kristi Culver Kapetan on June 29.

Sloan also signed a declaration in the court filings, in which he said he told Bredefeld he did think Esparza’s actions constituted extortion according to the California penal code definition.

“The motion to dismiss this retaliatory lawsuit by Esparza and the declarations by City Attorney Doug Sloan and myself speak for themselves,” Bredefeld said Friday in a statement. “We look forward to the scheduled hearing on June 29th.”

The allegations stem from a private meeting in late April between Esparza and Sloan. In an email that since became public, Sloan alleged that Esparza said he was the only person standing between Sloan and his job. Sloan also alleged Esparza directed him to only work for the council majority.

Sloan in the email also acknowledged that other than his own credibility, there was no way to prove the allegations.

Bredefeld learned of the alleged conversation and eventually held a news conference about it.

Esparza denies the allegations and filed a defamation lawsuit against Bredefeld.

Esparza’s lawsuit described the conversation between him and Sloan as an “unscheduled stop” to seek clarity on an ordinance meant to prevent councilmembers from weaponizing Sloan’s legal opinions against other councilmembers “for the purpose of partisan political attacks.”

Sloan has since left his post with the city of Fresno for a new job as the city attorney for the city of Santa Monica. The Fresno City Council this week appointed an interim city attorney and will recruit for a permanent city attorney.