Co-Defendant Seeks to Have His Case Severed From Dominelli’s
The attorney for Parin P. Columna, co-defendant of indicted financier J. David (Jerry) Dominelli, asked a federal judge Monday to sever his client’s case from Dominelli’s or to dismiss the charges because of discriminatory prosecution.
U.S. District Judge William B. Enright said he will rule on dismissing the charges against Columna on Feb. 25, when Dominelli appears at a hearing that will determine if he is competent to stand trial.
Columna, 31, and Dominelli, 43, were indicted by a federal grand jury on 25 counts of mail, wire and bankruptcy fraud; perjury; conspiracy to commit bankruptcy fraud, and interstate transportation of securities taken by fraud. Dominelli suffered a stroke Oct. 2 that left him partly paralyzed and with a speech problem, according to one court-appointed psychiatrist.
Attorney Michael McCabe argued that the charges against Columna should be dismissed because he was unfairly singled out for prosecution.
“Is the government’s (decision) to prosecute Mr. Columna justified?” McCabe asked. According to McCabe, 14 others who were more actively involved in the alleged J. David & Co. conspiracy were not charged in the indictment. Among those named by McCabe are lawyer Robert Harlan, J. David accountant Eric Johnson and Nancy Hoover, Dominelli’s live-in companion and business associate. Johnson is also an attorney.
“There are other individuals, including lawyers Harlan and Johnson, who knew what was going on as far as the bankruptcy. They were going around disposing of J. David property, like Rolls-Royces and Mercedes-Benzes. They should be charged like my client,” McCabe told reporters outside the courtroom.
McCabe charged that various items were sold a day or two before J. David & Co. was forced into bankruptcy by investors. He also charged that Hoover removed crucial documents from J. David offices two days before the bankruptcy was filed.
Federal prosecutors charged Columna with concealing property from the bankruptcy trustee, unlawfully removing property from the J. David offices and with illegally selling vehicles owned by Dominelli.
Enright gave McCabe 14 days to summarize his argument for dismissal and submit it for study. Enright commented that the paper work in the complex case is extensive and said he preferred to read a summary of the facts as prepared by McCabe.
In the event that charges against Columna are not dismissed, Enright said he will set a date on Feb. 25 to hear arguments for a motion to sever. McCabe said he is concerned that Dominelli’s disabilities will prevent him from testifying on behalf of Columna.
“We’re looking toward a severance due to Mr. Dominelli’s disabilities,” McCabe told the court.
On Monday, Enright denied a motion by McCabe to reassign Columna’s case to another judge.
Columna, owner of Parin Columna Construction Co., remodeled the J. David offices in La Jolla and the South Mission Hills home of San Diego Mayor Roger Hedgecock.
According to court records, Hoover once owned 90% of Columna’s company. But after the downfall of the J. David financial empire, Hoover transferred her share of the company to Columna, who is now listed as owning 90% of the firm.
