Lawyer rips feds' tactics in Road Dog case

The attorney for retired Stanislaus County sheriff's Capt. Raul DeLeon wants the federal charges against his client dismissed because of "outrageous" government conduct that "violated a universal sense of justice," according to court documents filed Tuesday.

Defense attorney Paul Q. Goyette of Sacramento said federal investigators created a "fake subpoena and non-existent grand jury ... in the hopes of forcing DeLeon to 'leak' confidential information to (Robert) Holloway."

Legal experts say the bar is high for such an argument to succeed but, with his motion, Goyette has introduced the idea that investigators entrapped DeLeon.

DeLeon, 51, of Modesto was arrested in July on charges of making false statements to investigators about Robert C. Holloway III.

Prosecutors say Holloway, a retired sheriff's deputy, and his son, Brent F. Holloway, 35, of Modesto, ran a racketeering enterprise at Road Dog Cycle in Denair. Prosecutors say Robert Holloway encouraged threats and violence against customers who didn't pay bills, operated a chop shop and extended credit to customers illegally.

A grand jury indicted the Holloways and 11 others, including DeLeon, in mid-July on charges relating to suspected illegal operations at the shop going back to 1997. Holloway, 61, of Turlock remains in custody; his son was released on bond in August. The business has been closed since their arrest.

According to the indictment against DeLeon, prosecutors argue he made three false statements. In November 2007, prosecutors say, DeLeon denied to investigators that he told Holloway about a grand jury subpoena related to Holloway's wife, who was DeLeon's secretary. Prosecutors say a taped phone call with Holloway from Oct. 16, 2007, indicates otherwise.

In the same call, prosecutors say, Holloway told De- Leon that a buddy was trying to hide illegal motorcycle club gear from officers. Prosecutors say DeLeon denied to investigators that Holloway had told him this.

Finally, prosectors say, DeLeon denied he was close friends with Holloway, though the men vacationed in Mexico together in 2005.

DeLeon was released from federal custody on his own recognizance in July. His trial is scheduled for Feb. 3 in federal court in Fresno. Goyette is slated to argue the motion to dismiss charges Jan. 12.

According to the motion, Undersheriff Bill Heyne e-mailed DeLeon in October 2007 saying there was a subpoena for DeLeon in Heyne's office.

DeLeon, according to Goyette, "found the subpoena buried underneath magazines" on Heyne's desk. The subpoena instructed him to prepare work records for Kathy Holloway, Robert Holloway's wife, for a grand jury investigation. Kathy Holloway was DeLeon's secretary for three years.

DeLeon asked the sheriff, undersheriff and others, including Robert Holloway, about the investigation. No one seemed to know about it.

Sheriff Adam Christianson and Heyne declined to comment.

No grand jury, no crime

Prosecutors have argued that DeLeon broke the law by discussing the subpoena, but Goyette said his client did not know grand jury subpoenas are confidential; the subpoena was not marked as such, Goyette said.

According to Goyette, "no grand jury investigation even existed."

"The entire purpose ... of this subpoena was to determine the extent of DeLeon's relationship with Robert Holloway," he wrote.

Creating a fake subpoena and grand jury, he argues, is an abuse of the grand jury process. This abuse, he argued, constitutes outrageous conduct and is grounds for dismissal.