Defense Asks Pasadena Appeals Panel to Reverse Ex-Private Eye Pellicano's RICO Convictions

By FRED SHUSTER
City News Service

Prosecutors had insufficient evidence to support certain convictions against Anthony Pellicano, a defense attorney told a federal appellate panel today, but the government countered that it had "overwhelming" proof against the now-imprisoned Hollywood private eye.

Pellicano is attempting to have two charges for which he was convicted under the Racketeer Influenced and Corrupt Organizations Act reversed, resulting in what he hopes will be his release from a Texas prison.

In arguments before a three-judge panel of the U.S. 9th Circuit Court of Appeal, defense attorney Stephen F. Gruel said computer hacking and "honest- services" fraud laws used to convict Pellicano on both RICO counts were misapplied.

The guilty verdicts, Gruel said, "cannot be sustained."

Assistant U.S. Attorney Kevin Lally countered that Pellicano was correctly found guilty of the RICO charges, and all underlying counts, based on what he called "overwhelming" evidence.

The onetime celebrity sleuth, the prosecutor said, ran a  "criminal enterprise" not limited to bribery, computer fraud and identity theft, among other offenses.

Pellicano is serving a 15-year sentence in a federal penitentiary for his convictions, in two trials, on more than six dozen felony racketeering, conspiracy and wiretapping counts for bugging the telephones of celebrities, attorneys and executives.

Gruel said Pellicano, now 69, long ago satisfied the prison terms for all convictions but the RICO counts and is expected to be released in 2019.

Operating out of an office on the Sunset Strip, Pellicano was hired for decades by some of Hollywood's wealthiest deal-makers to dig up dirt on their own or clients' enemies.

As detailed in the first trial, Pellicano's clients included Hollywood power brokers such as entertainment lawyer Bert Fields, Paramount Pictures chief Brad Grey, producer-financier Steve Bing, entertainment czar Ron Meyer, talent agent Michael Ovitz, Madonna manager Freddy DeMann and comedian Chris Rock.

The list of those targeted featured some well-known names: Sylvester Stallone, Garry Shandling, Kevin Nealon, Keith Carradine and the late producer Aaron Russo.

A raft of civil lawsuits against Pellicano and the companies and agencies he corrupted are making their way through the courts.

The appeals panel could issue a decision in the next three months.