Geragos absent, theft hearing delayed

High-profile defense attorney Mark Geragos was a no-show in Stanislaus County Superior Court on Tuesday morning, prompting a few choice words from a prosecutor and a judge who could not proceed without him.

Geragos, the lawyer who handled Scott Peterson's sensa- tional murder case and offers legal commentary on cable television talk shows, represents 22-year-old Serena Essapour of Turlock.

She is accused of using per- sonal information from Supervisor Jim DeMartini to fraudulently obtain credit cards from Chase Manhattan Bank and Washington Mutual Bank, then ringing up a $10,000 tab.

A preliminary hearing that began in October is expected to conclude after a few more hours of testimony. The hearing is needed so a judge can decide if Essapour should stand trial on three felony charges.

Instead of pushing ahead, Geragos was in court in Southern California.

Deputy District Attorney Dawna Frenchie criticized Geragos, saying he helped choose the hearing date, then waited until the last minute to notify the court about his scheduling conflict.

"It seems unfair that he is allowed to manipulate the court and the people by picking dates that are unreasonable," she said.

A colleague of Geragos apologized. Until recently, Geragos believed he would get a day off from his trial and make it to Modesto as planned, defense attorney Shepard Kopp said.

Essapour got DeMartini's Social Security number because he gave her $6,500 and co-signed a loan so she could get a new car. The supervisor told The Bee that he felt sorry for a young woman who had wrecked her car, but he now plans to testify against her.

The alleged theft took place between May 16 and June 16, 2006. The district attorney's office charged Essapour with false impersonation, misuse of personal identifying information and grand theft in October 2006. She has pleaded not guilty and is free on $25,000 bail.

Judge Thomas Zeff said Geragos should not have taken Essapour's case if he is too busy to handle it. He granted a delay, because Essapour has a right to the attorney of her choice, but said he intends to proceed next time.

"If Mr. Geragos is not available on Jan. 29, somebody else better be ready to go," Zeff said.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.