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Jim Roberts
Roberts pleads no contest to charge of public intoxication
Council will not ask former mayor to step down
By Daniel Hindin
"December is the season to be jolly and Jim just got a little too jolly," said Sunnyvale City Councilmember Fred Fowler.
Councilmember Jim Roberts pleaded no contest on July 24 to misdemeanor public intoxication after an incident at a Sunnyvale convenience store last year.
A Santa Clara Superior Court judge in Sunnyvale sentenced Roberts, 35, to one year of court probation. The judge also assessed a $100 fine and one day in jail, with a credit for one day of time served.
Attorney Ken Robinson spoke on behalf of Roberts, who did not appear at last Monday's hearing. Robinson entered a plea of no contest, despite the former Sunnyvale mayor's claim last December that he would plead not guilty to all charges.
Roberts, in a prepared statement, said, "I made a mistake. It's over, and it's time to move on."
Police arrested Roberts on December 16, after taxicab driver Surjit Singh alleged that Roberts refused to pay him, hit him twice in the neck and then left the cab after Singh drove him to a 7-Eleven on Sunnyvale-Saratoga Avenue near Princeton Avenue.
According to a Sunnyvale Department of Public Safety report, police arrived on the scene about 12:30 a.m. after a phone call from the cab driver. Police found Roberts a few blocks away and arrested him on suspicion of battery, defrauding an innkeeper and public drunkenness.
The case was brought to Dave Howe of the district attorney's office, where no action was taken for seven months, despite Howe's original statement that the case would be brought to court by the end of January.
When asked why it took so long to bring the case to court, Deputy District Attorney Judy Durman said, "It just took more time to do a full, complete investigation."
Questioned further why two of the original charges were dropped, Durman answered, "It's not a matter of dropping the charges. This is all we thought we could prove."
Durman said she couldn't answer whether or not obtaining testimony from Singh or Satnan Sing, listed on the police report as a witness to the incident, made a difference in prosecuting the case. She referred the question to Howe, who declined to return phone calls and had Durman respond for him.
"He has nothing to say on the matter," she said.
Robert's fellow council members didn't seem to be affected by the case, despite a clause in the city charter that allows the council to remove colleagues from office if they are convicted of a crime involving "moral turpitude."
"Jim made a mistake and is now suffering the consequences. I wish him well," Fowler said.
Councilwoman Julia Miller said, "Jim's actions are unbecoming of an elected official," but didn't voice concern about working with him on the council in the future.
"Jim is a very responsible person and a good friend and colleague," said Councilman Manny Valerio. "I'm glad the situation is not serious. Jim does an excellent job as a city council member, and he will continue to be a fine representative of the council."
Vice Mayor Jack Walker said, "Jim's crime is almost on par with jaywalking or a parking ticket. This will have no long-term impact on the council."
Mayor Pat Vorreiter said Robert's actions don't affect his responsibilities or effectiveness as a council member.
"I have great respect for Jim personally and professionally. He is paying the price of unwise judgment in his humiliation and his personal life," she said.
City manger Robert LaSala was out of town last week and could not be reached for comment.
Roberts' term on the council expires in 2001.
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