Judge: Griesa trial must move forward
Ersel L. Edwards, a retired Nevada County judge hearing the case against former Marysville towing company manager Joseph Griesa in Yuba County Superior Court, insisted today that Griesa's second trial on charges of felony sexual assault of a 17-year-old girl will go forth as scheduled June 8.
Griesa's first trial almost a year ago ended with convictions on misdemeanor charges but a hung jury on the felony charges.
Edwards had more criticism for Griesa's Sacramento attorney, Kenneth Rosenfeld, who has cited prior commitments in asking for delays. Rosenfeld sent a colleague, attorney Jennifer Moncrieff, to fill in for him at Friday's trial-readiness conference.
Moncrieff told the judge that Rosenfeld has not followed through on threats to file pretrial motions because he is awaiting developments in an ongoing case against two attorneys charged with trying to bribe the girl on Griesa's behalf.
"I don't care at all about the case against the attorneys," Edwards responded. "This case has to be tried at some point. We have to get it done."
Edwards said he has already granted long continuances to allow Rosenfeld to prepare. Now, a case that was first filed in 2008 may continue into 2011, he said.
Despite Rosenfeld's talk of filing pretrial motions, nothing is showing up in the case file, Edwards said.
"We can't tie up cases all over California because one lawyer is busy," said the judge, repeatedly calling Rosenfeld "Rosenthal."
Edwards told Moncrieff "to go tell Mr. Rosenfeld that if he's that busy, he has got to think about changing his method of operation."
Moncrieff said Rosenfeld just received final transcripts from the June trial.
Deputy District Attorney John Vacek filed a motion May 6 in which he asked that evidence from the first trial, including a recorded phone conversation between Griesa and the girl, be admitted as evidence in the second trial.
The call shows "an interest that is clearly beyond that of the normal employer-employee relationship," Vacek wrote. The girl worked as a dispatcher for the towing company.
"It is what it is. I was attracted to her and I thought she was attracted to me," Griesa testified about the call in the first trial.
The girl claimed Griesa touched her sexually, struck her when she refused to perform a sex act and masturbated in front of her while a pornographic video played in his office.
CONTACT Rob Young at 749-4710 or at ryoung@appealdemocrat.com.
