-
pguerra@modbee.com
Shop owner expects release from federal prison in 2012.
Two defendants in the Road Dog racketeering case plan to appeal their convictions. In the meantime, the main defendant is serving time in a federal prison in Texas, awaiting his release next year.
U.S. District Judge Oliver W. Wanger last month denied a motion for acquittal or a new trial for Gary Ermoian, a private investigator convicted of conspiracy to obstruct justice for warning Robert Holloway about an investigation against him.
Holloway owned Road Dog Cycle in Denair. Authorities raided the shop in 2008 and charged Holloway with running a criminal enterprise out of his shop.
Holloway, a former Stanislaus County sheriff's deputy, and son Brent were charged in federal court with racketeering, running a chop shop, trafficking in stolen motorcycle parts and using violence to collect debts.
Both pleaded guilty to reduced charges; Bob Holloway was sentenced to four years in prison for extortion and his son got probation and community service.
Authorities also targeted some of Holloway's friends and acquaintances, many of whom had law enforcement backgrounds. They accused the men of obstructing justice by, among other things, getting information on the Holloway investigation and giving it to him.
A federal jury in Fresno convicted Ermoian but acquitted Dave Swanson, a Stanislaus County court bailiff who had been accused of leaking information to Holloway.
Ermoian's attorney, John Balazs, said that despite Wanger's ruling, he believes he has a strong case on appeal. He argued in court filings that prosecutors didn't present enough evidence that Ermoian "corruptly" obstructed the FBI investigation. He argued that an FBI investigation is not an "official proceeding," which is necessary for the finding that Ermoian obstructed justice.
"I don't believe anything Gary did violated the law," he said.
Balazs said he thinks Ermoian's appeal case will be combined with that of retired corrections officer Steven Johnson, convicted of conspiracy to obstruct justice and lying to a grand jury. It's not clear when the appeals court will consider the cases.
Bob Holloway is serving time at La Tuna, a low-security federal prison in Texas.
His attorney, Roger Vehrs, said Holloway had treatment for a heart problem — paid for using his own insurance — and is waiting to hear when he will be released.
"He was sentenced fairly by the judge and the U.S. attorney's office," Vehrs said. "He's not probably unhappy about it."
Brent Holloway agreed. He said he and his father are doing fine, ready to put the matter behind them. The younger Holloway is on probation through March.
"It's been a crazy last couple of years," he said Friday. Bob Holloway expects to learn his release date in a couple of months. In September, Wanger sentenced Holloway to four years; with time served, he should be out in 2012.
Robert Holloway still owns Road Dog Cycle; he arranged to pay the federal government $115,000 in cash rather than give up the shop. Brent Holloway said they could reopen Road Dog upon his dad's release. "We'll see," he said.
Merits of case argued
Throughout the case, defense attorneys said their clients were overcharged in an attempt to snare Bob Holloway, who had been acquitted of murder charges in an earlier case after he shot a man who broke into his shop in 1997. But prosecutors, pointing to the guilty pleas and convictions, said the results proved their case had merit.
The investigation was beset with difficulties, including conflict between local law enforcement, the FBI and the ATF, all of which were involved. Agents within the Bureau of Alcohol, Tobacco, Firearms and Explosives tussled over the case, with one-time supervising agent Vince Cefalu saying it was driven by Stanislaus County law enforcement's obsession with Holloway. Prosecutors and fellow ATF agents called Cefalu a disgruntled employee who was unprofessional and difficult to work with.
Mike Vitiello, a criminal law professor at the University of the Pacific's McGeorge School of Law in Sacramento, wasn't familiar with the Road Dog case, but said four years was a light sentence for racketeering.
In sentencing Bob Holloway, Wanger cited the number of letters of support submitted on his behalf, and Holloway's letter accepting responsibility, which he said was the best he's read in 19 years on the bench.
"I would lean toward saying the defense hit a home run," Vitiello said.
Still, he said, federal prosecutors don't press charges lightly.
"Usually, they don't bring nickel-and-dime cases," Vitiello said. "On the face of it, he got a pretty good deal. But you don't know what other kind of arrangements they made."
Bee staff writer Patty Guerra can be reached at pguerra@modbee.com
or 578-2343.
Read more: http://www.modbee.com/2011/04/10/1639120/road-dog-xxxx-xxx-xxxxxx-xxx-xxxxxxx.html##ixzz1JEui1fnj
Read more: http://www.modbee.com/2011/04/10/1639120/road-dog-xxxx-xxx-xxxxxx-xxx-xxxxxxx.html##ixzz1JEuKMvUR
Defendants look to appeal convictions in Road Dog case.
No comments:
Post a Comment