Judge sets mid-March for decision on lawyers

A visiting Yuba County judge said Friday he may decide before mid-March whether felony obstruction of justice charges against Yuba-Sutter defense attorneys Jesse Santana and David Vasquez will be dismissed.

Santana and Vasquez are charged with trying to bribe a 17-year-old girl to prevent her from testifying against former Marysville towing company manager Joseph Griesa, who is charged with sexually assaulting her.

Judge John Darlington told a courtroom packed mostly with supporters of Santana and Vasquez that if the charges are not dismissed, an evidentiary hearing may be held March 16.

Witnesses, including deputy district attorneys, could be called at the hearing to determine whether the Yuba County District Attorney's Office offered to drop charges against Griesa in exchange for his testimony against the attorneys.

Santana and Vasquez claim evidence about the alleged offer to Griesa was never presented to the grand jury that indicted them, and that they were the real targets of the District Attorney's Office.

One of Santana's attorneys, Roberto Marquez, claims Santana was targeted because he applied for a Sutter County judgeship that prosecutors in both counties didn't want him to have.

The state Attorney General's Office has taken over prosecution and was represented Friday by Deputy Attorney General David A. Lowe and Supervising Deputy Attorney General Michael A. Canzoneri.

A conversation between Griesa and Yuba County prosecutors was taped. Attorney Michael Barrette, representing Vasquez, said the tape "suggests there was some sort of offer of leniency to Joseph Griesa."

The evidentiary hearing is needed to settle once and for all if there was an offer, Barrette said.

Lowe responded, saying the tape shows Griesa never received assurances that he would not be prosecuted. If he did make a deal, "it was the worse deal ever" since he ended up being convicted, Lowe said.

Arguments also centered on whether Santana and Vasquez acted legally when they proposed in a written agreement to have Griesa pay $100,000 to the girl, referred to in court as S.A.

The money was never paid and S.A. ended up testifying against Griesa, who was convicted in June of misdemeanor offenses. He still faces felony charges involving S.A., who is now an adult.

The written agreement between Santana and Vasquez was turned over to the District Attorney's Office by attorney and former Sutter County Judge Timothy Evans, who previously represented Griesa.

Barrette said the agreement would merely have had S.A. "exercise her lawful privilege" not to testify.

The idea of not testifying originated with S.A., with Vasquez "simply participating in the settlement of a civil case." If it was her idea, there is no probable cause to believe Vasquez committed a crime, he said.

Canzoneri said the offer of $100,000 made the provision about not testifying an illegal obstruction of justice.

"The law prohibits the linkage" between the money and not testifying, Canzoneri said.

It doesn't matter if the agreement was never carried through. The intent to dissuade a witness from testifying makes it illegal, he said.

"The (agreement) itself is the star witness" against Santana and Vasquez, said Canzoneri.

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