Lawyers for onetime Assemblyman Tom Calderon want him tried separately from his brother, former state Sen. Ron Calderon, on federal corruption charges, according to court documents obtained Wednesday by City News Service.
According to a motion to sever the brothers’ cases, attorney Shepard Kopp wrote that “the majority of the evidence gathered by the government pertains to Senator Calderon.”
“A joint trial in which the amount of evidence against Senator Calderon would dwarf that of the evidence against Tom Calderon presents an untenable risk of prejudice to Tom Calderon,” his attorney wrote.
Kopp is requesting that U.S. District Judge Christina A. Snyder consider separating the brothers’ trials or severing the eight counts in which the former assemblyman is charged from the counts leveled against the ex-state senator.
“To force Tom Calderon to stand trial as a co-defendant with Senator Calderon has such prejudicial spillover potential as to deny Tom Calderon a fair trial, regardless of any curative instructions the court may issue,” Kopp wrote.
Prosecutors are expected to file their response to the motion before a July 13 hearing to discuss the matter and other pretrial issues.
Snyder recently granted a third delay in the start of the trial, from Aug. 11 to March 1 of next year.
The brothers were indicted on 24 counts, which include wire fraud, mail fraud, honest services fraud, bribery concerning programs receiving federal funds, conspiracy to commit money laundering, money laundering, and aiding in the filing of false tax returns.
Tom Calderon — who is named in one count of conspiracy to commit money laundering and seven substantive charges of money laundering — is “a man of limited means” and has no “reliable source of income,” his attorney wrote.
“To force Tom Calderon to pay for a trial that would undoubtedly be two or three times longer than if separated will deal him a crushing financial blow,” according to his attorney’s filing.
Ron Calderon was indicted by a federal grand jury last year on charges of accepting $80,000 in bribes, as well as gourmet meals and golf outings, from a medical company owner and an undercover FBI agent posing as a film executive.
Assistant U.S. Attorney Douglas M. Miller has indicated that a superseding indictment containing additional criminal charges could be forthcoming.
Prosecutors said the case involves 330,000 pages of evidence, including tapes and transcripts for about 2,200 meetings and phone calls.
Tom Calderon, 60, a former lawmaker-turned-lobbyist, has pleaded not guilty to laundering bribes through a tax-exempt group and consulting company he operates.
Ron Calderon, 57, was suspended from the Senate in March 2014, and his term in office ended in November.
— City News Service