An ex-Stanislaus County sheriff's captain accused of obstructing justice and lying to federal investigators is scheduled to start his trial in a Fresno courtroom Tuesday.
Raul DeLeon, 52, is charged with four counts of making false statements to investigators and one count of conspiring to obstruct justice in connection with the Road Dog motorcycle shop racketeering case.
If convicted, De-Leon faces up to 25 years in prison and $250,000 in fines.
When he retired from the Sheriff's Department in 2008, DeLeon was one of three department captains. He headed the operations division, with patrol, detectives, SWAT and gang units reporting to him.
Prosecutors have sought to link DeLeon with the Road Dog Cycle Shop in Denair, which they say was a front for a criminal operation headed by one-time sheriff's deputy Robert C. Holloway III.
Authorities say Holloway ran a chop shop, encouraged threats and violence against customers who didn't pay bills, and trafficked in stolen motorcycles and parts.
Holloway, DeLeon and about a dozen other men were arrested in July, after a two-year FBI investigation. Holloway is in federal custody in Fresno awaiting trial.
In court filings, prosecutors contend that Holloway and DeLeon were friends, and that DeLeon used his position in the Sheriff's Department to leak information to Holloway about law enforcement investigations into Holloway's activities.
Prosecutors also say that DeLeon knew of suspected illegal activities performed by Holloway or his associates, but concealed that information from investigators.
Prosecutors cite as evidence wiretapped phone calls between Holloway, DeLeon and others involved in the Road Dog investigation.
One series of calls was recorded in October 2007. The calls happened as authorities were serving a search warrant at the home of one of Holloway's employees -- a Hells Angels member named Danny Dugranrut.
Holloway, prosecutors say, called DeLeon to ask him what authorities were looking for and which agency was behind the search.
During that conversation, say prosecutors, Holloway told DeLeon that Dugranrut "needed time to get rid of his Hells Angels paraphernalia and motorcycle" so authorities wouldn't seize them.
Prosecutors say that De-Leon should have told investigators that Dugranrut was concealing evidence from authorities, but didn't.
Authorities say DeLeon obstructed justice when he later called Holloway to tell him that local law enforcement wasn't involved in the search warrant.
Prosecutors say that during that same series of calls, DeLeon leaked sensitive information to Holloway. They say DeLeon told Holloway he had recently been served with a subpoena asking for information about Holloway's wife, Kathy. Kathy Holloway worked as DeLeon's secretary for three years.
About a month later, investigators interviewed DeLeon about whether he had shared information with Holloway.
Prosecutors say DeLeon lied when he denied giving Holloway information about the subpoena. They say De-Leon also lied about the nature of his relationship with Holloway, and lied when he denied knowing about Dugranrut wanting to hide his Hells Angels patch and motorcycle.
Defense attorney Paul Goyette called the allegations against his client a "garbage case." In court filings, Goyette has argued that DeLeon was a dedicated and committed law enforcement officer who thought he was helping investigators when they interviewed him in 2007.
Goyette said prosecutors have submitted no evidence to show that DeLeon knew of the probe into Holloway's business.
"(DeLeon) was truthful, he acted entirely in good faith the whole time," said Goyette. "If he ever misspoke at all, it was by mistake or inadvertently. We're just hopeful the truth will come out."
In December, Goyette filed a motion for the charges against DeLeon to be dismissed. He argued that authorities tried to trap DeLeon into leaking information when they served him with the subpoena seeking information on Kathy Holloway. Goyette says the subpoena was a fake document that investigators gave to DeLeon, hoping to catch him "leaking" confidential information to Holloway.
Goyette said the subpoena contained no instructions about confidentiality.
Lawyers say they expect the trial to last three days.
On Tuesday, jurors will be selected and the prosecution could begin presenting evidence, said Goyette.
Prosecutors from the U.S. attorney's office declined to comment on the case.
Prosecutors could call four Stanislaus County Sheriff's Department employees to testify at the trial, according to a witness list filed with the court.
DeLeon's trial is scheduled to start at 9 a.m. in U.S. District Judge Oliver W. Wanger's courtroom.
Bee staff writer Leslie Albrecht can be reached at lalbrecht@modbee.com or 578-2378.
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