Leggio arraigned in illegal campaign contributions case in San Bernardino
By Mike Cruz on December 5, 2008 10:03 AM | Permalink | Comments (0) |
Upland businessman Mark Anthony Leggio and three other co-defendants entered not guilty pleas today in San Bernardino Superior Court during an arraignment on charges of alleged illegal campaign contributions in state political races.
Prior to the arraignment, Judge Bryan Foster denied a defense motion to dismiss the charges based on a late filing of an amended indictment by prosecutors. But prosecutors responded that they were simply complying with a deadline set by the court.
Foster responded that no specific date had been given, and that he "would try to be more specific in the future."
Leggio, 44, who is considered an influential local Republican and co-owner of three Inland Empire car dealerships, is charged with pumping more than $50,000 in illegal contributions to state Senate and Assembly races from 2002 to 2006.
Charges against Leggio and three other men - Nicola Cacucciolo, 63, Nick Vito Cacucciolo, 35, and James Lloyd Deremiah, 52 - were unsealed in June in a 37-page grand jury indictment.
After the judge denied the motion to dismiss, the court moved forward with the arraignment. Lawyers representing the four defendants entered not guilty pleas and denials for all counts and special allegations in the charges.
The defendants must appear at a county detention center for booking and release before the next court hearing scheduled Feb. 20, Foster ordered. The defendants are out of custody on their own recognizance, according to court records.
"It's our intention to file a 995 motion in this," said Leggio's lawyer Thomas Warwick. The motion, filed under state Penal Code Section 995, would ask the court to dismiss the charges, citing a lack reasonable and probable cause.
Warwick indicated "there's a lot of 995 issues" that he intends to bring before the court.
"This may be a very extensive hearing," Warwick said, while discussing scheduling of future court dates. The PC 995 hearing was tentatively set for Mar. 7.
After Friday's court appearance, both Warwick and Leggio declined to comment.
"I only talk in court," Warwick replied.
Prosecutors assert that Leggio made maximum contributions to candidates and then had friends and employees make additional ones that he would reimburse, according to prosecutors. If convicted, Leggio could face up to six years in state prison, while the other defendants face up to three years, according to prosecutors.
In a separate matter, Leggio has tentatively agreed to settle allegations of campaign contribution violations with the state Fair Political Practices Commission.
The settlement's impact on Leggio's criminal case remains to be seen. Under the agreement, Leggio would pay a $150,000 fine in connection with "a repeated pattern of violations" over a five-year period, according to public FPPC reports.
The FPPC is set to consider Leggio's agreement for approval at its Dec. 11 meeting in Sacramento.
Riverside County Deputy District Attorney Michael Cabral, who is prosecuting Leggio in Superior Court, has said the settlement with the state would have no impact on the criminal case. San Bernardino County District Attorney Michael Ramos bowed out of prosecuting the case through his office, citing a conflict of interest.
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