Retrial in the works for Griesa

Former Marysville towing company manager Joseph Griesa will be retried on five felony counts that left Yuba County jurors deadlocked, a prosecutor said Thursday.

Deputy District Attorney John Vacek said the decision was made after he and Griesa's Redwood City attorney, Charles Smith, failed to reach a plea agreement.

At the end of a two-week trial ending June 25, only one of 12 jurors voted against convicting Griesa on the felony charges: indecent exposure, intimidating a victim, sexual battery, false imprisonment and assault with a deadly weapon. All the charges involved a female victim under 18.

The new trial announcement will be made at a hearing today in Yuba County Superior Court, said Vacek.

Vacek said the new trial probably will take place in October.

Smith was not immediately available for comment.

Told of the pending announcement, Griesa responded, "Well, that's a shame that the DA's going forward with it."

Griesa confirmed the failure to reach a plea agreement.

"We're not going to take a plea bargain, and I'm not going to admit to something I didn't do," Griesa said. "Even though I've lost a lot of faith in the system, I still feel I'm innocent," he said.

The jury convicted Griesa of sending sexual text messages to the victim — a misdemeanor — and felony charges of failing to withhold taxes for her and two other girls whom prosecutors said he sexually abused.

Griesa said he took a privately administered lie detector test in January on the advice of his previous attorney, David Vasquez, and "aced it." His offer to take a second test administered by law enforcement was turned down, Griesa said.

"How many innocent guys offer to do it a second time after acing the first one?" he said.

In the new trial, with just one principal witness, "it'll be her word versus mine. I really like our chances," Griesa said.

In a July 15 letter to Attorney General Jerry Brown, the alleged victim's older sister complained the District Attorney's Office "has been giving breaks to Mr. Griesa. Mr. Griesa tells people that he has the District Attorney's Office in his back pocket."

The women are not being named by the Appeal-Democrat.

Contacted Thursday, the sister said "our entire family is extremely excited" about a new trial but also sad that Griesa's decision not to accept a plea deal is the reason.

The District Attorney's Office was "practically begging" Griesa to take a deal, the sister said.

Marysville attorney Roberto Marquez, who is representing Yuba City attorney Jesse Santana in a related case, said the Attorney General's Office should prosecute Griesa in the second trial. Santana and Vasquez are charged with trying to bribe the alleged victim to keep her from testifying against Griesa.

In the first trial, "it was clear to courtroom observers that the deputy prosecutors made no real effort to obtain a conviction on the serious sexual offenses against Griesa, who just happens to be their 'star witness' in the political and vindictive prosecution of prominent attorneys Jesse Santana and David Vasquez," Marquez said.

Contact Appeal-Democrat reporter Rob Young at 749-4710 or at ryoung@appealdemocrat.com.