Posted on Tue, Mar. 21, 2006


Further details possible this week in Hollywood wiretapping case



Associated Press

Three search warrant affidavits connected to raids on the offices of private investigator Anthony Pellicano are expected to be unsealed this week, possibly providing further details of a federal wiretapping investigation that has rattled Hollywood's entertainment and legal circles.

FBI agents conducted their searches in 2002 as part of an investigation into whether Pellicano hired a man to threaten a Los Angeles Times reporter working on a story about actor Steven Seagal and possible links to organized crime. Agents found illegal explosives and seized documents and computers, which have helped prosecutors build their current case.

Prosecutors contend Pellicano illegally wiretapped the phones of Sylvester Stallone and others and bribed police officers to run the names of more than 60 people, including comedians Garry Shandling and Kevin Nealon, through government databases.

Pellicano allegedly sought damaging information on his clients' rivals. He then used the details for threats, blackmail and in some cases to secure an advantage in court for his clients, according to a 112-count federal indictment unsealed in February.

A total of 13 people have been charged in the case. Four have pleaded guilty to a variety of charges, including wire fraud and conspiracy.

Pellicano's attorney Steven Gruel filed a motion Monday revisiting the legality of the search warrants. Pellicano has maintained that his Fourth Amendment rights were violated, claiming the search was a ruse to get into his office to look for other suspected wrongdoing. The 9th U.S. Circuit Court of Appeals ruled 2-1 in June that the search was legitimate and FBI agents acted in good faith.

"The Pellicano defense seeks discovery that will show that the FBI knew and expected to find a lot more than what they represented to or sought from the magistrate judge," according to the motion.

As a result of the raids, Pellicano served a 2 1/2-year sentence on explosive-related charges and is awaiting trial in the case of threatening the Los Angeles Times reporter.

Assistant U.S. Attorney Daniel Saunders said another indictment in the federal wiretapping case would be handed down in early April . He didn't say whether the indictment would name more defendants or add allegations.

Saunders also said he has given some defense attorneys more than 2,000 pages of evidence as well as dozens of digital audio files as part of the discovery process.

Pellicano said during a hearing Monday in U.S. District Court that he wants to act as his own lawyer. He spoke at length for the first time since he was indicted last month and said he wanted to know the results of the government's 3 1/2-year investigation into his activities.

"I have a lot of questions to see what they have been doing all this time," Pellicano told U.S. District Judge Dale S. Fischer. "I'm best suited to represent myself."

Pellicano was shackled and wore a prison-issued green windbreaker and blue pants. He previously pleaded not guilty and was being held without bond.

Pellicano said he doesn't have any problems with his attorney. Outside court, Gruel said his client simply "wants to go to trial as soon as possible."

Gruel will continue to be Pellicano's attorney until the judge decides whether the shamus is competent to represent himself.


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