The OC District Attorney's Office's Legal Deceit

[Moxley Confidential] More evidence proves prosecutor hoodwinked grand jury for indictments in bizarre Newport Beach blackmail case

It's not just that Roper has given contradictory versions of events. He also misled the grand jury when, with Olivieri's prodding, he claimed that Toledano's conduct wasn't recognizable as aboveboard legal work. Roper testified he didn't know of any case in which a civil attorney sought a financial settlement prior to filing a lawsuit. Though the act happens thousands of times each day throughout the nation, he assured the grand jury—most of them elderly, retired folks who've been approved for service by sheriff's deputies—it never happens.

In the 1980s, Jessica Hahn, a church secretary for televangelist Jim Bakker of Praise the Lord (PTL) network infamy, claimed she had been raped and sought a $265,000 out-of-court settlement. (It was a big, national scandal back in the day.) The man who represented Hahn and won the settlement by threatening to file a lawsuit: Roper.

It gets worse.

Now, the defense has discovered that Olivieri possessed but kept secret from the grand jury Roper's handwritten notes he made while meeting Toledano. Surely coincidentally, the notes help destroy her case. Her key witnesses' record nearly matches Toledano's notes, and there's no indication of extortion. In fact, Roper began his notes with "Loss [to Roberts caused by Priscilla Marconi's alleged derogatory gossip] $350,000." Toledano's own notes for the same portion of the meeting read, "Lost income, [cactus] plants for job." [1]

Yet, Olivieri won indictments by asserting all the evidence proved Toledano committed extortion on Roberts' behalf because he never voiced to Roper a legitimate legal cause of action against Priscilla.

"Not allowing the grand jury to see that evidence was materially and profoundly prejudicial and a clear violation of Toledano's constitutional rights to a fair hearing," wrote Toledano attorney David E. Swanson in a brief filed this week in Orange County Superior Court. "That indictment, based on testimony that completely misrepresented the actual facts of the case, should be set aside."

Given that it's unlikely Olivieri will surrender, the decision to do the right thing is now up to Orange County Superior Court Judge David A. Hoffer, a former Assistant United States Attorney. Hoffer's an honorable man. But if he allows the DA's office to proceed, let's hope that an alert jury is smart enough to not send two innocent men to prison after a scheduled April trial.

* [1] This portion was corrected to reverse Roper and Tolendano's notes. Jan. 11, 2013.

[2] Rebecca Olivieri's name has been corrected throughout. Jan. 11, 2013.

[3], [4], [5], [6] Though Olivieri was a lead prosecutor on the McGill case, the DA’s media office says a different deputy DA handled the grand jury sessions, so we’ve modified sentences accordingly. Jan. 15, 2013.

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7 comments
lindatoo2010
lindatoo2010

Well Mr. Moxley I'm glad to see your eyes are now opened about our judicial system! While coming to your defense in a conversation about my imprisonment, I asked the person why they didn't contact you when I was being railroaded and then sentenced to 14 years and four months in prison on fabricated evidence made up by Huntington Beach Police officers and an Orange County Deputy District Attorney Jim Mendelson? My daughter who was also in on this debate looked across the table at me and said: I did mom. Looking confused,  because I thought Moxley was a bomb reporter who would look at things fairly. I asked her what Moxley said. She said he's a  S.O.B.  Anyone who knows my daughter knows this type of anger is never seen in her or expressed. This is when I knew that reporter Moxley must have chopped me up good to my daughter. Number one, that's an ignorant thing to do. Like most daughters she loves and cares very much for me, she was already inconsolable after hearing the judge give me a 14 year 4 month sentence. My daughter has never been away from me for any length of time so this sentence was not only devastating for me but for her also. I would have thought that a man as brilliant as you are would have shown some kind of concern or compassion for Stacy (my daughter). But you, like a lot of others didn't bother investigating my side of the story. The truth wasn't important to you, evidence we had that would have cleared me was never entered or allowed to be heard by the jury. My attorney was in on this conspiracy, and if you noticed I was incarcerated long enough for the Statue Of Limitations to run out. You see Mr. Moxley you already decided and made your mind up that I was guilty. I was released from prison after winning a partial appeal 5 ½ years later . You may think what was done to me was justified but Mr. Moxley you don't even know me. It does help me to know you are learning more and more about our corrupt courts and police agency's, after all how many times can Huntington Beach lose their helicopter? I told my daughter and the rest of the people that I was debating ,  I still think you are a great reporter and I will never miss any of your articles. After all everyone is entitled to make mistakes.

 

18usc241
18usc241 topcommenter

My wife crying outside just a few minutes ago reminded me of something Mr. Tony Rackauckas

Any ideas on who vandalized my wife's vehicle?

Why that white female  Long Beach  police officer threw her vehicle in front of my wife on our 15th wedding anniversary celebration day (with no siren on) ? 

Who was the Hispanic man stalking my wife around Orange County?

Inquiring minds want to know?



18usc241
18usc241 topcommenter

It's been over a year since this Hispanic American asked this DA's office very publicly in front of the Garden Grove city council about this "false name and/or date of birth" Bernie Madoff bullshit that the Orange County superior court sent me as a term of probation. My $2000.00 attorney told me I was pleading guilty to traffic tickets type offenses. Was this a police officer that made the accusation? 

This Hispanic American also informed you that I was the victim of attempted murder on the Garden Grove freeway complete with a OC police vehicle that flees the scene immediately afterwards as I'm pointing the wrong direction on the freeway. 

I thought that this DA's office would have sprouted an interest by now.  

Whophantom
Whophantom

Alleged crimes are so stretched out that it's not about justice it's all about winning.

Dennis210
Dennis210

"The citizens have a right to protect themselves from the police". OCDA Tony Rackaukas on the John and Ken show (2011) after the Kelly Thomas police murder by cop. = Complete BS of course since he's PROTECTING the cops.

Dennis210
Dennis210

"The citizens have a right to protect themselves from the police". OCDA Tony Rackaukas on the John and Ken show (2011) after the Kelly Thomas police murder by cop. = Complete BS of course since he's PROTECTING the cops.

"Extortion with chips and a pickle". - Now that's funny.

 
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