Thursday, August 26, 2010

Leary countersues in continuing
romance, real estate, crime drama

by Tom Nadeau

Former Elk Grove City Council member Michael Leary has filed a civil lawsuit claiming a cabal of women notary executives cheated him of thousands of dollars through an improper transfer of title.

In the suit filed Aug. 18 in Sacramento County Superior Court, Leary alleges that Abby Patneaud, Catherine Picton, Alyce Maselli and “Does 1 through 15” conspired via North American Title Company to defraud him of an unspecified amount in excess of $25,000.

Leary is currently facing a criminal trial on four charges he defrauded Maselli of an unspecified amount in a disputed transfer of title for a residence at 3301 Marina Cove Circle, Elk Grove valued at $610,000.

Leary was arraigned in October 2009 on charges of grand theft fraud and forgery related to the title transfer between himself and his former girlfriend Maselli in 2006. The trial in People v. Leary, #09F07685 is now slated to start Sept. 14.

If convicted in that case, Leary could be sentenced to as many as 12 years in state prison and fined up to $75,000. He currently remains free on bail.

This new civil lawsuit, Michael Leary v. North American Title Company et al, case #34-2010-00085705,was filed in propria persona, or “in pro per,” as courthouse slang would have it.

That simply means Leary filed the civil complaint as an individual acting on his own behalf without the benefit – or the expense – of an attorney.

What the suit claims ... Read more »

Moore faces stiff sentencing options
following his conviction of assault

By Tom Nadeau

A Yuba County jury convicted James Archie Eugene Moore Jr. Thursday of two counts of assault with a deadly weapon, to wit: a two-by-four and his foot.

When he returns for sentencing 9 a.m. Sept. 27, Judge Kathleen O’Connor has several options to choose from, because Moore decided not to fight the inclusion of his two prior felony convictions as sentencing factors.

O’Connor’s interpretation and imposition of sentencing options could put Moore in state prison a minimum of eight years, defense attorney, Geoffrey Wander explained.

The nine-woman, three-man jury’s verdict came after one day of trial, an hour or so of hours of closing arguments and about four hours of sequestered deliberation in the matter of People v. James A.E. Moore Jr., case #F-10-184.

The prosecution alleged Moore knocked a man unconscious with a board and then kicked him when he was down.

The jury did not precisely follow the written instructions for correctly filling out verdict forms and they were told to retire again until they had the paperwork properly done.

Guilty, but not of great bodily harm ... Read more »

Wednesday, August 25, 2010

Leary trial reset for Sept. 14

by Tom Nadeau

The trial of former Sacramento County sheriff’s Lt. Michael P. Leary’s was again postponed by Sacramento County Superior Court judge Wednesday.

Pleading “scheduling problems,” prosecution and defense attorneys joined in asking Judge Gary Ransom to put the trial off until Sept. 14. Another pre-trial meeting will be held Sept. 8.

Both Deputy District Attorney Michael Blazina and defense attorney William Portanova said negotiations between the two sides were not a factor in the request for a delay.

However, each would not discount the possibility that some sort of out of court resolution to the long-running case might be reached.

Love, loot lost ... Read more »

Leary hearing today likely last before trial

by Tom Nadeau

Former Sacramento County sheriff’s Lt. Michael P. Leary’s last last pre-trial hearing is set for 1:30 p.m. today in Sacramento County Superior Court.

He has pleaded innocent to all of the four felony fraud charges authorities have brought against him.

His trial is currently expected to start at 8:30 a.m. Sept. 8 in the court’s Department #9.

Several times the defense has hinted an eleventh-hour settlement might be in the offing, but, as pre-trial hearings dragged out over months of delays, none materialized.

However, Elk Grove News will be on the scene today and will report if a settlement is announced.

Love, loot lost ... Read more »