Judge Postpones O.C. Fraud Trial Until Geragos Finishes Peterson Case

An Orange County judge on Wednesday postponed a criminal fraud trial until defense attorney Mark Geragos has finished representing murder suspect Scott Peterson, but said he might remove the lawyer if his high-profile client roster continued to present conflicts.

Orange County Superior Court Judge Frank F. Fasel acknowledged that death-penalty cases such as Peterson’s take precedence over others, including the 5-year-old case of a trash hauler accused of embezzling $4 million from the city of Orange.

“This court is stuck in trying to get [this case] off the ground,” the judge said.

Peterson’s trial is expected to take four to five months.

Fasel had summoned Geragos, who also is defending pop star Michael Jackson against molestation charges, to his Santa Ana courtroom to explain how he will find time for his Orange County client, Jeffrey Hambarian.

Fasel acknowledged during the 15-minute hearing that removing Geragos would further delay the trial while a new attorney prepared for the complex case -- and possibly be grounds for an appeal.

Still, the judge told Geragos, “If I find some months down the road that your calendar is still this full, this court might have to bite the bullet and do it and deal with the Court of Appeal later.”

Legal experts said case law supports the removal of an attorney under such circumstances.

Geragos said he was juggling no more cases than usual but that the high profile of two of his clients was drawing unusual attention to his schedule. He said his clients understood that defendants in custody, especially those in death-penalty cases, are entitled to be tried first.

“All of my clients are important,” he said during a press conference after the hearing. “There’s no one who’s ahead of anyone else. The law defines who goes first.”

Geragos denied contentions that he spread himself too thin. “If I thought I was, I wouldn’t take more cases,” he said.

Deputy Dist. Atty. Ronald Cafferty opposed delaying the Hambarian trial, complaining that witnesses’ memories continue to fade and subpoenas for the three-month trial must be reissued after each delay.

Cafferty dismissed the defense lawyer’s promises that he’ll be ready to immediately proceed with Hambarian at the conclusion of the case against Peterson, who is accused of killing his wife and unborn baby.

“He said he’ll make his best effort,” Cafferty told the judge of Geragos. “That hasn’t worked so far in this case, and I don’t think it will start now.... We’re on the bottom end of the totem pole, period.”

Geragos defended the delay, saying that the prosecution has lined up 410 witnesses. The trial has been moved from Stanislaus County, where the Petersons lived, to San Mateo County.

“In no way do I want to diminish the importance of [Hambarian],” Geragos said, but considering the “herculean efforts that have been made to prepare for the Peterson case, it would seem to me to make the most sense to do that one first.”

Hambarian and the attorneys were ordered to return to Fasel’s courtroom Feb. 17 so Geragos can update the judge on the status of the Peterson trial. Geragos said there may be further delays if another change of venue is granted.