Yuba DA probes attorneys

Search warrants were served and documents seized from the offices of two attorneys suspected by the Yuba County District Attorney's Office of conspiring to prevent a girl from talking to police and prosecutors about sexual and physical abuse by her employer.

The girl was 16 when hired in September 2006 at Mitchell's Towing Service in Marysville. She told police the owner, Joseph Griesa, regularly masturbated in front of her, fondled her and struck her before she quit in November 2007, according to documents filed in Yuba County Superior Court.

An affidavit filed May 5 states there is probable cause to believe Jesse Santana, a prominent Yuba City attorney, former prosecutor and now an applicant for a vacant Sutter County judgeship, conspired with Marysville attorney David Vasquez in December to have Griesa pay the girl $100,000 in exchange for her silence.

Documents on file include a receipt for a $50,000 payment from Griesa into Vasquez's trust account — the first half of the planned payment to the girl.

The girl never received money, according to Santana's attorney.

Griesa, 42, has not been charged. But an investigation that began seven months ago is continuing and may uncover more victims, according to District Attorney Pat McGrath.

The girl and her court-appointed guardian filed a lawsuit Wednesday against Griesa alleging sexual assault and battery, harassment, retaliation, false imprisonment and infliction of emotional distress. The suit seeks unspecified damages.On at least one occasion "Griesa warned plaintiff not to discuss his misconduct, telling her it would be no use because he had the Marysville Police Department and District Attorney in his back pocket," according to the lawsuit.

The affidavit, written by District Attorney's Office Investigator Mary A. Barr, states there is probable cause to believe Santana and Vasquez are guilty of five felonies, including dissuading a victim from testifying, bribery and conspiracy.

The girl, whose name is blacked out in the affidavit because she is still a minor, was Santana's client for a short period in late 2007. Vasquez represented Griesa.

Santana's attorney, Roberto Marquez, called the investigation a "witch hunt" and accused McGrath of abusing his authority. After a seven-month investigation without a charge against Griesa, prosecutors are shifting their focus to the attorneys, he said.

"Was Griesa's boast to the minor assault victim that nothing would happen to him because he had the Marysville Police Department and The Yuba County District Attorney in his back pocket not bragging but fact?" Marquez wrote in a press release to the Appeal-Democrat.

Griesa is a former Yuba County probation officer, a youth football coach and member of a prominent Yuba-Sutter family. Besides the towing service, he also owns the Yuba-Sutter Body Shop in Marysville and Yuba-Sutter Auto Body in Yuba City, according to the lawsuit.

Vasquez did not respond Thursday to a request for comment following a court hearing on his and Santana's request for return of the seized documents. They claim the seizure was a violation of attorney-client privilege.

Vasquez's Yuba city attorney, Michael Barrette, was unavailable for comment.

(Vasquez has represented the Appeal-Democrat on legal issues in the past.)

Visiting Judge James Cadle continued the hearing until July 17, when he is expected to rule which documents, if any, will be returned to the attorneys and which will be turned over to McGrath's office.

'Curious timing'

Cadle approved the search warrants May 5 and appointed three out-of-town attorneys, including a representative of the California Bar Association, to act as special masters and serve the warrants.

The search warrants were served May 14 at Santana's office across the street from the Sutter County Courthouse and at Vasquez's D Street office in Marysville.

A warrant was also served at the office of attorney Michael Trezza, Santana's brother-in-law, who began representing the girl after Santana left the case. Trezza is not a suspect, McGrath said.

Cadle on Thursday ordered the return of documents taken from Trezza's office.

Other documents already are public, including some turned over to investigators by attorney and former Sutter County judge Timothy Evans, who began representing Griesa after Vasquez left the case.

The public documents include copies of a release, agreed to by Santana and Vasquez, promising the girl $100,000 from Griesa if she "will request that criminal charges not be filed against Joe Griesa and will exercise any privilege she may have pursuant to law, not to testify in any proceedings, and she will not file any civil action, arising out of the underlying facts, against Joe Griesa."

Marquez said negotiations over the release fell apart and the girl never received any money from Griesa. Santana did nothing wrong by pursuing a civil settlement during the criminal investigation, he said.

"Jesse Santana categorically denies any wrongdoing or ethical breach while acting as the attorney" for the girl, said Marquez.

Marquez called Barr, the investigator, unqualified because she does not have a law degree.

"I find it curious that a person without legal training has determined that Mr. Santana has breached some ethical standards or criminal law," Marquez said.

McGrath responded that a California Bar Association investigator assisted Barr with the affidavit, which was then reviewed by attorneys in his office.

Marquez, a former deputy district attorney, should know better than to level that charge, McGrath said.

Barr, a former sheriff's deputy, has been an investigator for McGrath's office for seven years and has investigated 90 cases of sexual abuse of children.

Marquez called it "more than coincidental" that the allegations came when Santana is applying for the seat vacated by retired Sutter County Judge Robert Damron. Gov. Arnold Schwarzenegger will appoint a replacement.

"The curious timing of the allegations ... taints the judicial appointment process as it clearly looks as if the allegations were made to intentionally scuttle the chances of Mr. Santana receiving an appointment to the bench. Who is going to get the appointment now? A prosecutor?" Marquez said in the press release.

McGrath responded that politics and public pressure do not influence prosecutions by his office.

Attorneys in the office, knowing a possible case against Santana was pending, did not return questionnaires about Santana's qualifications to be a judge, he said.

Receipt, invoice

According to the May 5 affidavit, "it then appears" Santana told Marysville police that the girl would not speak with them, would not cooperate with their investigation and would not testify in court.

Santana left the civil case in late December, telling Yuba County Deputy District Attorney Melanie Bendorf that the girl had changed her mind and wanted to see Griesa prosecuted.

Griesa hired Vasquez in November after the Marysville Police Department began investigating in response to information provided by one of Griesa's employees.

Vasquez called Bendorf on Dec. 20. When told the case was still being investigated, Vasquez said, "What, civil comp's not good enough?" and said a civil case would be filed if no criminal charges were filed, according to the May 5 affidavit.

Public documents related to the case include a receipt for $50,000 paid by Griesa into Vasquez's trust account — the first half of the planned payment to the girl — and an invoice from Vasquez's office showing Griesa paid $2,000 to Vasquez toward a "flat fee sexual assault civil compromise."

Sacramento attorney Carl L. Fessenden, representing Zurich Insurance, Mitchell Towing Service's insurance company, advised against the compromise in a Jan. 14 letter to Griesa.

"As we discussed, that agreement is unenforceable. The plaintiff is a minor. Even if she signed the agreements, they would not be enforceable," Fessenden wrote.

Marquez told the Appeal-Democrat that the agreement, if it had not fallen through, would have been taken before a Yuba County judge for approval.

Drafts of the agreement do not mention judicial approval.

According to the lawsuit filed last week against Griesa, he gave the girl a key to his Yuba City apartment, which contained a video/DVD player and dozens of pornographic tapes.

"In addition to physically restraining the plaintiff, Griesa threatened to harm the plaintiff if she ever told anyone about his actions" and held a knife to her neck on at least one occasion, the lawsuit reads.

Griesa's attorney, Evans, said his client "denies any inappropriate actions with respect to the plaintiff."

Who's Who

Plaintiff, who alleges she was sexually and physically abused by her employer. She was 16 when hired.
Joseph Griesa, the girl’s employer, who was sued last week by the girl. He has not been charged.
Jesse Santana, a prominent Yuba City attorney, who previously represented the girl.
David Vasquez, a Marysville attorney, who previously represented Griesa.
Michael Trezza, Santana’s brother-in-law, now representing the girl.
Timothy Evans, an attorney and former Sutter County judge, now representing Griesa.
Roberto Marquez, Santana’s attorney.
Michael Barrette, Vasquez’s attorney.
Pat McGrath, Yuba County District Attorney.
Mary A. Barr, District Attorney’s Office investigator.
Judge James Cadle, visiting judge hearing the case.

Correction: Craig Moe is the owner of Yuba-Sutter Auto Body, 338 Garden Highway, Yuba City. A lawsuit quoted in this story incorrectly listed Joseph Griesa as the owner.

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