Griesa retrial pushed back to January
A visiting judge from Colusa County today granted former Marysville towing company manager Joseph Griesa's request to delay his second trial on felony sexual assault charges.
Judge William S. Abel ruled defense attorney Kenneth Rosenfeld — Griesa's fifth attorney since authorities began building a case against him in late 2007 — should be granted more time to prepare.
The retrial on felony charges had been scheduled to start Nov. 10 but is now set for Jan. 12 — barring further delays.
Yuba County jurors in June found Griesa guilty on misdemeanor charges but failed to reach a verdict on felony charges of sexually assaulting a 17-year-old female employee.
Rosenfeld said he plans to file as many as four more motions — including one to remove the Yuba County District Attorney's Office from the case, one to move the trial to another county, and one for a new trial on the misdemeanor charges.
In a document filed Thursday, Rosenfeld wrote he will likely file a motion setting aside the grand jury indictment that led to the first trial because of "illegalities surrounding the grand jury proceedings."
Prosecutors invited Griesa to talk about an associated case against two attorneys but "elicited" information that was used against him, Rosenfeld said in an interview.
Griesa plans on filing a malpractice lawsuit against his previous attorney, Chuck Smith of Redwood City, Rosenfeld said.
Smith failed to call witnesses who would have helped Griesa's case, Rosenfeld wrote in the court document.
"Defendant Griesa faces the possibility of a prison sentence and lifetime registration as a sex offender when diligent investigation and presentation of evidence by his former counsel would have uncovered the falsity of these charges," Rosenfeld said.
Only one of 12 jurors failed to find Griesa guilty on the felony charges, attorneys on both sides said after the first trial.
On Oct. 20, Rosenfeld asked the 3rd District Court of Appeal in Sacramento to delay the trial so the various motions "can be fully litigated."
The appeal court has not ruled.
Deputy District Attorney John Vacek said earlier Griesa hired Rosenfeld in order to delay a retrial that would likely result in a prison sentence.
Contact Appeal-Democrat reporter Rob Young at 749-4710 or at ryoung@appealdemocrat.com.
