On Friday, Leon Guerrero denied the second superseding indictment, charging him with two counts of extortion under color of official right.
The grand jury charged Leon Guerrero with extorting money from drivers of illegal taxicabs in exchange for dismissing the drivers’ criminal cases beginning on Sept. 15 through Oct. 9, 2009, and on June 13, 2009.
Leon Guerrero appeared in court on Friday during his arraignment with his court-appointed attorney David Banes.
Banes submitted a list of defense witnesses that included Sgt. Sylvan Rangamar, Officers Jerome Bermudes, Regino Celis Jr. and Joaquin Deleon Guerrero.
The detective’s wife is also a defense witness.
Assistant U.S. Attorney Eric O’Malley is prosecuting the case.
Leon Guerrero has been released to his wife as his third party custodian.
He was arrested last November by the Federal Bureau of Investigation.
The federal government has submitted motions for in camera inspection and determination of admissibility, and to bar testimony regarding punishment.
For the purpose of expediting trial proceedings, the prosecution is also requesting the court to inspect the information in chambers in order to render an advance determination as to its admissibility.
The U.S. government has asked the court for an order allowing in camera inspection of a document that may constitute impeachment material.
The prosecution said it has provided the document to Leon Guerrero, “but nonetheless submits that the information contained therein should not be admitted at trial because it is not material to guilt of punishment.”
The U.S. government is also asking the court for “an order prohibiting the defense from making any comment or argument, presenting any evidence or testimony, or asking any questions designed to elicit testimony that may implicate the potential punishment in the event of a conviction.”
“The defendant’s punishment in the event of a conviction is solely within the purview of the court, and should in no way factor into the jury’s weighing of the evidence,” O’Malley stated in his motion.
