Jury-Tampering Charge Surfaces in ‘Alliance’ Trial : Courts: The judge accuses a former lawyer for an indicted fugitive in the legal corruption case.
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SAN DIEGO — In an unexpected twist in the “Alliance” legal corruption trial, a former lawyer for fugitive attorney Lynn B. Stites has been accused of jury tampering and ordered to show cause why he should not be held in criminal contempt.
Century City lawyer Thomas A. Mesereau Jr. faces a contempt hearing after the conclusion of the trial, under an order by U.S. District Judge Clarence Newcomer after a hallway conversation between Mesereau and a juror Thursday.
After questioning Mesereau, the hallway juror and jurors who allegedly witnessed the conversation, Newcomer excused the juror and replaced him with an alternate. The judge said he was “satisfied that there was cause to believe that Mr. Mesereau had obstructed the administration of justice by willfully and knowingly engaging in conduct reasonably known to prejudice the jury process.”
Mesereau and others declined comment, citing a gag order they said was imposed by the judge. However, a copy of Newcomer’s order was obtained by The Times.
Eight attorneys--five from the San Fernando Valley--are on trial on fraud and racketeering charges. Fourteen other people--eight of them Los Angeles-area lawyers--previously pleaded guilty in the case, one of the largest prosecutions of attorneys in U.S. history.
Stites, allegedly the mastermind of the scheme, dropped out of sight last year before he was indicted.
Sources involved in the trial said the juror told Newcomer that Mesereau approached him in the hallway and quizzed him about the trial, despite his juror’s badge.
The sources said that Mesereau protested his innocence, telling the judge that the juror initiated the conversation, and that Mesereau said he cut it off as soon as he realized who he was talking to. Mesereau also told the judge he no longer represents Stites and was merely at the trial as an observer.
Newcomer said a contempt hearing will be held “immediately following” the Alliance trial and if found guilty, Mesereau faces a maximum penalty of six months in prison and a $5,000 fine.
The eight lawyers are accused of bilking insurance companies of millions of dollars by “churning” complex litigations in Los Angeles, San Diego and Orange counties in which insurers were obliged to pay legal fees for policyholders who were sued.
The lawyers allegedly prolonged the cases to generate fat fees, including paying kickbacks to clients so they would be content not to settle cases against them and conducting needless depositions.
The defendants, who say they acted in the best interest of their clients and did nothing illegal, contend they are being punished for standing up to insurance companies.
The trial ended its fourth week Friday and is expected to last up to three more months.
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