State appellate court suspends Stanislaus County contempt-of-court case

A state appellate court is reviewing a case involving a Stanislaus County chief prosecutor and an investigator facing contempt-of-court charges.

Chief Deputy District Attorney Dave Harris and District Attorney’s Office Investigator Steve Jacobson initially were scheduled to return court Monday afternoon to continue their hearing. But the state’s 5th District Court of Appeal has suspended the case pending its ruling, and it’s unclear when the hearing will resume.

The incident in question occurred during jury deliberations in a trial for Aleo John Pontillo. The jury on Dec. 10 acquitted the Modesto bail bondsman of kidnapping for extortion and bail-forfeiture fraud charges.

Jacobson is accused of questioning an alternate juror while the jury was deliberating in Pontillo’s trial. Harris is accused of failing to promptly notify the court that Jacobson had improper contact with an alternate juror.

The contempt charges are based on declarations from the alternate juror, Jolinda Reddy, and Frank Carson, Pontillo’s attorney. The local judge, over defense objections, has allowed Carson to participate in the hearing for Harris and Jacobson. Carson questioned Reddy on the witness stand and made arguments in court.

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

Jesse Rivera, Harris’ attorney, on June 16 asked the appellate court to suspend the case and review a petition to have Carson removed from the hearing. Rivera is asking the appellate court to order the local judge to limit Carson’s participation, which means he would only be allowed to testify as a witness.

On July 17, the appellate court suspended the hearing. The local judge was ordered to either tell Carson he can only be a witness or provide legal grounds for his participation as an attorney in the contempt hearing by Aug. 3. If the local judge decides to argue for Carson’s role as an attorney in the hearing, the appellate court will schedule a hearing to review that matter. No such hearing has been scheduled.

On Monday, McFadden was supposed to hear additional arguments from the attorneys. But the hearing was canceled in accordance with the appellate court’s order to suspend the case. The local court has not scheduled a date for the contempt hearing to resume.

This story was originally published July 27, 2015 at 4:03 PM with the headline "State appellate court suspends Stanislaus County contempt-of-court case."