Testimony begins in contempt hearing for Stanislaus prosecutor, investigator

Testimony began Friday to determine whether a Stanislaus County chief prosecutor and an investigator should be found in contempt of court for alleged improper conduct during a trial.

Chief Deputy District Attorney Dave Harris is accused of failing to promptly notify the court that District Attorney’s Office Investigator Steve Jacobson had improper contact with an alternate juror.

The alleged incident occurred in the trial of Aleo John Pontillo, according to court documents filed by Jared Beeson, a research attorney representing Stanislaus Superior Court. Pontillo, a Modesto bail bondsman, was acquitted of kidnapping for extortion and bail-forfeiture fraud charges Dec. 10.

Jacobson is accused of speaking to the alternate juror while the jury was deliberating in Pontillo’s trial. Allegations were made that one of Pontillo’s employees had photographed the alternate juror in the courthouse hallway.

Jolinda Reddy was one of three alternate jurors in Pontillo’s trial. She testified Friday that Jacobson approached her and the two other alternates. She said Jacobson asked them if they remembered anyone taking photos of them outside the courtroom.

She testified that, at the time, she still could have been called to replace one of the deliberating jurors. Reddy said she hadn’t thought about the alleged photo incident until Jacobson asked her about it.

Reddy didn’t think Jacobson’s question was odd until after a jury office staffer told Jacobson that he shouldn’t be questioning these jurors. Jacobson then left, she said.

Jacobson only asked about the photo incident; nothing about the case or Pontillo, Reddy said. She remembered the investigator from when he testified in the trial.

Reddy and other jurors met after the trial ended for dinner at Mediterranean Market and Grill, owned by Carmen Sabatino. She knew Sabatino was a close of friend of Frank Carson, Pontillo’s attorney. She remembered Sabatino, because he was in the courtroom audience almost every day of the trial.

“It was just a social occasion,” Reddy said of the dinner. She said she didn’t know who paid for the dinner, but she knows she didn’t pay for it.

She later was contacted by a friend of Pontillo’s asking about what she had told Carson about Jacobson. Reddy then wrote a declaration about Jacobson, which was later submitted to the court by Carson.

Michael Rains, Jacobson’s attorney, says his client did nothing wrong. He has argued that the investigator apparently believed the alternate juror was excused before he conducted what he thought was a legitimate inquiry into a matter not related to the trial.

Carson argues that Jacobson’s actions were an effort to turn the jury against Pontillo and cause them to fear his client as a bad or dangerous man. He also says the allegation that one of Pontillo’s supporters photographed jurors is false.

Harris also is accused of withholding impeachment evidence concerning prosecution witness Benjamin Campbell in Pontillo’s trial.

On Friday afternoon, Carson testified that Harris didn’t disclose that Campbell was arrested on drug charges on Nov. 14. Carson said he would have used that information to discredit Campbell’s testimony, so it affected his ability to effectively defend Pontillo.

Judge Scott Steffen, who handled Pontillo’s trial, didn’t know about Campbell’s arrest until Carson informed the court Jan. 8, about a month after the trial ended. Carson testified that Harris didn’t seem surprised when hearing of Campbell’s arrest.

Steffen has submitted a written declaration about what he knows. Jesse Rivera, Harris’ attorney, said he wants to question Steffen on the witness stand about whether Harris seemed surprised about Campbell’s arrest. “I think I can ask him questions about what happened at the hearing,” Rivera said.

Judge Steffen had already left the courthouse for the week, so he was unavailable to testify Friday afternoon. The hearing will resume Monday afternoon.

Judge Linda McFadden will decide whether there is enough evidence to support the contempt charges against the investigator and the prosecutor, which could result in penalties including jail time, community service and a fine.

This story was originally published May 15, 2015 at 11:43 AM with the headline "Testimony begins in contempt hearing for Stanislaus prosecutor, investigator."