'Raging libido' at issue in Griesa hearing

Retired Sutter County Judge Timothy Evans testified Tuesday he never told former Marysville towing company manager Joseph Griesa that sexual assault charges would be dropped if Griesa cooperated with Yuba County prosecutors.

Evans, now a private attorney, represented Griesa in 2008. He testified in Yuba County Superior Court at the drawn-out arraignment of attorneys Jesse Santana and David Vasquez, both charged with offering $100,000 to a 17-year-old girl for not testifying against Griesa.

Attorneys for Santana and Vasquez are attempting to show that prosecutors filed charges against Griesa so he would offer evidence against the attorneys.

Santana's primary defense attorney, Craig Leri, confronted Evans with a blown-up copy of a letter Evans sent to Griesa in April 2008. In the letter, Evans wrote that "the criminal matter has disappeared."

Regardless of how the letter was worded, Evans said, he meant only to say that, based on his experience, he thought the charges would be dropped. The deputy district attorneys said only that they hoped the charges would be dropped, not that they would be unconditionally dropped, Evans said.

Evans later advised Griesa to waive his attorney-client privilege with Griesa's former attorney, Vasquez. Griesa did so, allowing prosecutors to use allegedly incriminating documents from Vasquez's office.

Evans said he told Griesa that his cooperation "would shed light on the credibility" of the girl.

The girl told prosecutors Griesa touched her sexually, hit her and masturbated in front of her while watching pornographic videos.

Evans said he thought the charges would be dropped, "but I didn't take Mr. Griesa's raging libido into consideration."

Griesa ignored advice not to tell "everyone under the sun" how innocent he was, Evans said.

Shortly after, Evans and Griesa parted ways. Griesa hired Redwood City attorney Charles Smith and was convicted of misdemeanor sexual charges. He faces a second trial in June on felony charges involving the same girl, now an adult. Griesa is now represented by his fifth attorney, Kenneth Rosenfeld of Sacramento.

Smith testified Tuesday that Deputy District Attorneys John Vacek and Melanie Bendorf, who prosecuted Griesa, never offered leniency in exchange for Griesa's testimony against Santana and Vasquez.

"There was no discussion about it whatsoever," Smith said.

At Griesa's trial, Smith and Vacek never objected to each other's questions to witnesses, said Leri, implying it was a form of leniency for Griesa.

Leri asked Smith if he found that "somewhat unusual."

"Not in my experience," Smith replied. "I don't believe they objected to any of my properly framed questions."

"Did you feel the DAs didn't try as hard as they might have?" Leri asked.

No, Smith responded, calling it a hard-fought case.

"I don't believe there was a promise by any of the deputy district attorneys not to prosecute," Smith said.