Defense lawyer seeks to exclude Marsy's Law attorney over alleged threats, antisemitic remarks

The criminal defense attorney for a man charged with slapping a child who touched his Mercedes Benz has asked the child's Marcy's Law attorney to be excluded from proceedings for calling him an "outdated old man" and sneering at an Israeli flag pin worn on his lapel.

Criminal defense attorney James E. Blatt also filed a police report, a request for a restraining order and a complaint with the State Bar against Antonio Villegas, the lawyer for the child's family.

"I have been a criminal defense attorney for over fifty years, and I have never experienced this type of outrageous behavior from another attorney," Blatt wrote in a court filing.

In a series of inflammatory and deeply personal attacks, Villegas lashed out at Blatt both privately and publicly, celebrating Blatt's courtroom loss and vowing to destroy his client in an impending civil lawsuit. Speaking to Blatt's associate, Villegas mocked Blatt's age and threatened to "slap [Blatt's] outdated stupid ass right off the fucking reservation." In an Instagram post, Villegas escalated further, appearing to disparage Blatt's identity, referencing an "Israel pin" on Blatt's suit and declaring, "Your people do not matter as much as they once did."

Villegas said in a phone call that Blatt had acted "superior" and looks at him like "trash" because Villegas is of Mexican heritage and his clients are of Salvadoran heritage.

"I did call his office. I wanted him to tell him that I didn't appreciate his shit. Some of it sounds very racist," Villegas said.

Villegas said Blatt had not recognized him as a lawyer when he first came to court and had lectured him about how his clients should behave in court. He said his dealings with Blatt had brought back memories of being treated differently because of the way he looks and dresses, and of having to conform to another person's idea of what an attorney should look like.

"I have dealt with this my whole career, but I have never been able to say anything about it," he said.

Villegas detailed his resume, which includes being an associate at Baker & Hostetler and Morgan, Lewis & Bockius LLP, and a seven-year stint at the Los Angeles County public defender's office. He also pointed out that he went to UCLA School of Law, which he called "a better law school" than Loyola Law School, which Blatt attended.

But he said he regretted calling Blatt's office. "I let him get under my skin. I should have done nothing," he said.

Asked about the allegations that he mistreated Villegas, Blatt said: "I have never had any interactions with Mr. Villegas, other than to pick a court date that is acceptable to the family, city attorney and the court, as he is not a party to this case. His words and actions speak clearly for themselves."

The State Bar, judges and bar associations have long searched for ways to get lawyers to be more civil to one another during the heat of legal proceedings. Last year, the State Bar issued a new voluntary code of conduct for attorneys practicing law in California. A proposal to mandate that all active, licensed attorneys and most special admissions attorneys take a civility pledge has not been approved.

"The lack of basic civility in the legal profession mirrors the decline of civil discourse in the media, in politics and in general communication," professional responsibility lawyers Erin M. Joyce and David Wall wrote in an article published in the Daily Journal in March 2024.

Some attorneys say the involvement of Marsy's Law counsel can intensify emotions and contribute to increased incivility in criminal courtrooms. However, no studies appear to support this claim.

Enacted by voter referendum in 2008, Marsy's Law gives crime victims the right to have legal representation during certain stages of the criminal justice process, including the ability to assert their rights in court.

The underlying case stems from a July 1, 2024, incident in Pacoima in which Scott Sakajian was caught on video slapping 10-year-old Alfredo Morales, an autistic boy, when the child touched the medallion on Sakajian's Mercedes Benz. People v. Sakajian, No. 25SFCM01393. (LA. Sup. Ct.)

The slap has sparked public outrage and led to a wave of support, including a successful fundraiser and temporary housing assistance for the Morales family. Villegas, who represents the family under Marcy's Law in the criminal case, has told news media that the boy has been emotionally impacted, exhibiting troubling behavior since the assault.

Sakajian was charged with willful cruelty to a child and battery. He faces up to six months in jail, if convicted. The dispute between Blatt and Villegas occurred after Blatt, who represents Sakajian, failed in a bid to get a judicial diversion for his client.

According to his Request for Exclusion Motion filed March 25, Villegas left a threatening and inflammatory message for Blatt following Superior Court Judge Patricia A. Hunter's denial of Sakajian's motion for judicial diversion on March 3. According to Blatt's declaration, the message was partially recorded by a staff member.

"I just wanted to tell him that I am about to fuck his client over in the civil suit I am about to file. I'm glad he ate shit in Court. Tell that old man that he is going to wish he never referred to me as a gangster in a suit, because I am a fucking gangster in a suit that's gonna slap his outdated stupid ass right off the fucking reservation. Tell him to go fuck off. I'm coming for him," Villegas told Blatt's associate, according to the court filing.

Villegas said in the phone interview that he has not filed a civil suit against Sakajian.

Blatt wrote in his motion that he did not call Villegas a gangster in a suit. Rather, he pointed out to the court that Villegas refers to himself online as a gangster in a suit. "I did not make that up. Mr. Villegas also continued to refer to himself as a gangster when he called my office," Blatt wrote.

Blatt also submitted a screenshot of a comment Villegas posted on Instagram following the diversionary hearing.

"What occurred is that Mr. Blatt's outdated old man mainstream defense theory failed!! Mr. Blatt you put the family on trial, you even went as far as to attack me by referring to me as a 'gangster in a suit' in open court. My brother, your time has passed by decades... your people do not matter as much as they once did. That is why they Court shot you down straight up and denied your motion for diversion. Mr. Blatt do your research before you attack a man like me... magna cum laude UCLA, UCLA School of Law, recognized as a top 100 trial lawyer in California, I'm your daddy in the law my old ass friend yet you feel superior because you wear an Isreal pin on your suit. I own you and every one who percolates in my town. I am going to hit your client with a nuclear bomb on the civil lawsuit I will be filing now. I only held back to keep it off the Court's radar for today's ruling."

In his motion, Blatt expressed concern that the conduct exhibited by Villegas--particularly the threats and social media posts--was not only unprofessional but dangerous.

"I am extremely concerned about the antisemitic tropes along with the attacks on my age. Mr. Villegas uses the phrase, 'you people' and while that could be interpreted to mean older lawyers, when coupled with the comment about me wearing an Israel pin, I believe 'you people' is referring to Jews. It is also clear that people who read Mr. Villegas' statements believed that his comments were antisemitic because someone made a hateful comment about Israel on Mr. Villegas' post."

Villegas said the "gangster in a suit" social media presence is for a forthcoming documentary about his life. And he denied that his reference to "your people" was a reference to Jews. He called it "a complete cultural misunderstanding on multiple levels," and said the term was "slang for people in your social circle."

He said his reference to "the Jewish pin" was meant to point out that he was the opposite of Blatt. "I am not white, I'm not Jewish, I don't paint a picture of what a lawyer looks like. I wear big bold chains and post videos."

But Blatt wrote in his motion that the vitriol that he has experienced is not benign. The criminal defense attorney wrote that supporters of the child attend court hearings and "taunt and film me and my client as we leave the courthouse. These videos are always posted on social media."

Blatt said that his client has faced so many threats since he slapped the child that he had to move out of his home. He argued in his motion that Villegas' behavior poses a safety risk to counsel, the defendant and others in the courtroom. He asked that Villegas only be allowed to appear remotely.

"The threatening behavior started against my client and has now shifted to me, and I am sure it will soon shift to the prosecutor," Blatt wrote.