Merced judge denies state motion to revoke Opinski’s license amid bribery case

Greg Opinski, a Merced-area contractor accused of bribing a Los Banos school district trustee, may continue building after a judge denied a state’s motion to revoke his license.

Merced County Judge Paul C. Lo ruled Thursday the court must first hold an evidentiary hearing before determining whether to revoke Opinski’s ability to operate as a contractor.

The Contractors’ State License Board filed a complaint of violation against Opinski on Sept. 16 in connection to felony charges that allege Opinski and former Los Banos trustee Tommy Jones bribed trustee Dominic Falasco to vote for Opinski as construction manager for a school project.

The complaint, being argued by the California Attorney General’s Office, states the alleged crimes show an intent by Opinski to benefit himself through fraud, deceit and dishonesty.

Opinski’s alleged conduct is “directly related to his contract license,” and presents “potential risk to the public,” Deputy Attorney General Joshua B. Eisenberg told Lo.

Eisenberg argued that case law allows Lo to immediately impose restrictions on Opinski in the interest of the public.

Lo, however, said evidence must be presented in order to secure Opinski’s right to due process.

Eisenberg and the Attorney General’s Office did not immediately respond Thursday to emailed and phone messages seeking clarification on whether they intend to pursue an evidentiary hearing.

Opinski and Jones remain free on bond, following their arrests in late August. Both men appeared in court Thursday but made no statements.

On Thursday, the court scheduled a pre-preliminary hearing for 11 a.m. Wednesday.

Eisenberg also requested the court impose bail restrictions that would prevent Opinski from operating with his license. Lo noted Opinski already was out on bail, and any restrictions would need to have been heard during his bail hearing.

Lo also continued the pre-preliminary hearing, which had been set for Monday, following a motion by Opinski’s lawyer, Jeffrey Hammerschmidt, that targeted Falasco, the Merced County District Attorney’s Office’s key witness in the corruption case.

Hammerschmidt also filed a motion to recuse the District Attorney’s Office from the case Thursday, citing examples of alleged partiality between District Attorney Larry Morse II and Falasco.

This story was originally published March 24, 2017 at 10:20 AM with the headline "Merced judge denies state motion to revoke Opinski’s license amid bribery case."