Leary motion to quash debated;judge calls it 'crucial' to the case

by Tom Nadeau

Pre-trial hearings are usually ho-hum, but what the courtroom jousting revealed Thursday in People v. Leary ranged from the dull to the disturbing.

Former sheriff’s Lieutenant Michael Leary faces six criminal counts arising from his stormy relationship with notary public Alyc Maselli and fraud and other allegations she brought in connection with a change of title for a $610,000 residence at 3301 Marina Cove Circle, Elk Grove.

Maselli claims she shared the property title and was paying her portion of the mortgage.

Moreover, in the course of their relationship, Maselli made domestic violence claims that included allegations of kidnapping and false imprisonment. No charges were filed after sheriff’s investigators concluded her claims were unfounded.

Leary, 50, counters Maselli’s claims of ownership by saying he only added her name as a secondary on the title because he mistakenly believed she could not live there unless he did so.

She was a tenant, he insisted, not an owner. Besides, she ceased paying her rent months before the mess erupted and the checks she claimed were for rent were in fact checks to herself for cash she kept.

And you ain’t heard the half of it yet … Read more »

Judge to hear motions in Leary trial; victims rights group harbors opinions

by Tom Nadeau

The prosecution and defense huddled in chambers with Sacramento Superior Court Judge Ben Davidian yesterday afternoon dickering over which of several motions would be considered in the matter of People v. Michael Leary..

Davidian emerged late in the day to announce that no public action would be taken on any of the proposed motions would be heard until today, Thursday.

Proceedings continue in Department 37 on the fifth floor of the courthouse at Eighth and H streets.

Davidian also advised representatives from a McGeorge School of Law-based victims’ rights group that has taken an interest in the Leary matter to get their arguments assembled and return today.

Judge will hear motions ... Read more »

Siavii found guilty of killing Kalb; LWOP, plus 25 possible sentence

by Tom Nadeau

A Sacramento jury found admitted drug trafficker Poe Blue Siavii guilty today of all charges arising from the May 5, 2008 execution-style slaying of Joshua Kalb.

Siavii could be sentenced to a prison term of life without parole, plus 25 years, Deputy District Attorney Chris Ore said.

The extra 25 years came from special circumstances of “lying in wait” enhanced by the use of a gun, Ore explained.

Siavii “showed no emotion” when the verdict was read, Ore said, adding: “Justice has been served.”

Sacramento County Superior Court Judge James L. Long set the sentencing time and date for 9 a.m. Nov. 22, 2010.

No good guys ... Read more »

Siavii jury asks for 2 read-backs

by Tom Nadeau

About 3 p.m. Monday the jury in People v. Poe Blue Siavii, #08F07611, called for a read-back of two portions of the trial testimony.

The first request was for a read-back of the testimony given regarding the pretext call made by key prosecution witness Steven Riddick to the defendant.

Riddick was "the third man" in the drama revolving around the 2008 killing of drug dealer Joshua Kalb.

The second request was for the court reporter to read back the testimony of defendant Siavii.

It could take some time ... Read more »

Santana, Vasquez goes federal

by Tom Nadeau

Despite more than two years of filings and cross-filings, charges and counter-charges, motions and denials, court dates and canceled court dates, the issues involved in People v. Santana, Vasquez are now every place except at trial.

The visiting judge has continued People v Santana, Vasquez #08-825 to an indefinite time while 3rd Appellate District look at writ #C066008, filed by attorneys both for Jesse Santana and David Vasquez.

Those pleading documents were filed Sept. 13. Answers to those were subsequently filed by the state Attorney General’s Office which took over the case after the Yuba County District Attorney stepped aside.

No date certain has been set on when the 3DCA will rule in the matter, or for that matter, comment on it.

How it got there ... Read more »

Leary fraud trial goes today -- maybe, possibly, with luck

by Tom Nadeau

UPDATE! Leary trial assignment was put over today until Wednesday for lack of a judge.

Sacramento County Superior Court Judge Geoffrey A. Goodman trailed the matter of People v. Michael Leary, for 8:45 a.m. Wednesday.

"The trial will go this week," prosecutor Michael Blazina predicted.

--

Trial is expected to start today in the multiple felonies matter of People v. Michael Leary, the ex-Sacramento County sheriff’s lieutenant and Elk Grove City Council member.

But we’ve reported that before in People v. Leary, #09F07685, haven’t we?

Leary is looking a six felony counts, the major ones being allegations of fraud relating to the transfer of ownership of a house in Elk Grove. He has pleaded innocent to all charges.

It gets long, complicated ... Read more »