Pellicano vows not to take the stand in wiretapping case

Keeping to his carefully cultivated image as the man who prizes loyalty above all else, Los Angeles private detective Anthony Pellicano told a federal judge Wednesday that he would not take the stand to defend himself against charges of wiretapping and racketeering if it meant talking about his clients.

“I am not -- Mr. Pellicano is not going to discuss conversations with his clients,” said Pellicano, who is representing himself in the trial. “It’s not going to happen. Ever. No matter what the consequence.”

After a long soporific day of testimony about computer software, the jury had been dismissed and Judge Dale S. Fischer was tending to business matters with attorneys when Pellicano popped to his feet and made his dramatic stand about protecting the confidentiality of his clients. They have included Chris Rock, former Hollywood talent agency head Michael Ovitz and studio chief Brad Grey -- just to name the ones who have already testified in the trial.

Nearly two weeks ago, Pellicano called only one witness in his defense but reserved the right to call himself after his four codefendants finished presenting their defense cases. With the defense winding down in the eighth week of the trial, Fischer on Wednesday pressed him to decide. Pellicano told the judge he wanted to take the stand but said he would testify solely about what he did or did not do pertaining to the dozens of counts of racketeering, wiretapping and conspiracy lodged against him.

And he would not be cross-examined about conversations with his clients “which would be in most cases covered by the attorney-client privilege and by my own personal client privilege--”

“There is no such -- “ said Fischer.

“Well, I understand,” Pellicano interrupted, “but that’s my own code of conduct.”

As the jury has heard in numerous recordings between the private detective and his clients, Pellicano despises anyone who “rats” on anyone else (never mind the pesky irony that he was the one who made the secret tapes now being played in the courtroom and on websites.)

But the scene that unfolded Wednesday was less “The Sopranos” than it was “Gilbert & Sullivan.”

“Let me try to rephrase what I think your position is,” Fischer said. “You’re not going to offer testimony on what your clients said to you, and you are inquiring whether on cross-examination -- “

“Let me stop you,” said Pellicano who, as his own defender, is stuck with the cumbersome convention of referring to himself in the third person. “When you are talking about me, you’re talking about the person Pellicano, not the lawyer Pellicano, right?”

“Correct,” the judge said.

“What testimony Mr. Pellicano gives is up to Mr. Pellicano and his lawyer,” she added.

“Yes, ma’am,” Pellicano said.

But Fischer told him it wasn’t a simple situation. “Your credibility will always” -- she stopped herself. “Mr. Pellicano’s credibility will always be an issue.”

Fischer said it was possible that Pellicano’s testimony would raise the issue of what he said to clients or did for them, making that “fair game” for federal prosecutors.

So she put it to the prosecutors -- could they foresee asking Pellicano about his discussions with his clients? Uh, yeah.

“Discussions not only with his clients but with his codefendants as well,” Assistant U.S. Attorney Daniel Saunders said.

Long before the trial started, there was speculation that Pellicano would implicate Hollywood power players and legal titans in the misdeeds that the government alleges he carried out. But he has remained silent about his prestigious clientele.

“There are things that I think are important for the jury to hear,” Pellicano told the judge. But, he added, he’d rather not take the stand than “disrespect” her by not complying if she had to order him to answer prosecutors’ questions.

“I don’t want to put you in that position,” he said.

“Don’t worry about me,” Fischer said.

She sounded reluctant to let the matter drop if Pellicano was still considering testifying.

“I am worried about you,” he said.

“OK,” she said with a smile. “Thank you.”

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carla.hall@latimes.com