Judge Upsets Conviction in Marshal’s Case

A federal judge Friday overturned a guilty verdict against a former U.S. deputy marshal who had been convicted by a jury of illegally accepting money from a government contractor.

Calling the defendant a “sweep-along victim,” U.S. District Judge J. Spencer Letts acquitted Gordon Tornberg, 59, of Tustin, who had been convicted along with former deputy marshal Joseph Gieniec, 43, of Santa Ana, of accepting illegal gratuities. Gieniec, who was convicted on four criminal counts, was sentenced to 18 months in prison.

“I can’t believe and never would have expected to overrule a jury verdict,” Letts said in his ruling. But he added that “in hindsight, I should have” upset the verdict when the jury first returned the conviction in September.

The judge told the courtroom that he had reservations about Tornberg’s conviction on two counts because he did not think that the government had proven beyond reasonable doubt that the former deputy marshal had knowingly accepted illegal gratuities.

Tornberg was a “sweep-along victim,” because he was prosecuted with Gieniec, Letts said.

Tornberg, who could have been sentenced to four years and $20,000 in fines, embraced his family after the ruling. His wife wept and said quietly, “Justice is done.”

Tornberg, who had been a marshal for nearly 20 years, said he now has to start his life over. But he said he does not plan to sue for wrongful prosecution.

“I put this in God’s hands,” Tornberg said. “Now I have to build my reputation back up.”

Attorneys for both sides said it is extremely rare for a judge to overturn a jury verdict.

Wendy Pak, the attorney representing Tornberg, said she had no idea that Letts would acquit her client.

“I honestly didn’t expect this,” Pak said. “We had certainly hoped. I guess this calls for some sort of toast.”

The two defendants had been scheduled to be sentenced Friday. Earlier in the

afternoon, Letts had told the courtroom that the case had been “particularly difficult” because of the close relationship between judges and marshals, whose duties include protecting jurors. Letts then sentenced Gieniec, a former police officer, to 18 months in prison and three years on probation. He also ordered Gieniec to undergo mental-health counseling.

James L. Waltz, the attorney representing Gieniec, said he plans to appeal the sentence.

“My client maintains his innocence,” Waltz said. “He denies any guilt whatsoever.”

Gieniec was granted a three-week stay on his sentence and will have to surrender to Los Angeles sheriff’s deputies later this month.

When it came time for Tornberg to be sentenced, Letts said he was wavering between acquittal or declaring a mistrial, thus sending the case back to be retried.

Bruce E. Reinhart, an attorney from the Justice Department, argued against acquittal.

“Twelve jurors listened to instructions in court and acquitted Mr. Tornberg on the one count and convicted him on two other counts. He is not a sweep-along victim,” Reinhart maintained.

In September, the two former deputy marshals, who had worked at the federal courthouse in Los Angeles, were convicted of accepting thousands of dollars from a government security contractor.

Federal prosecutors had accused them of using their positions to help Lyons Security International, a 200-employee security firm in Orange County, secure and keep a $400,000, no-bid contract to aid in the seizure and guarding of evidence and protection of government witnesses.

The owner of Lyon Security, Joseph Rydzewski, was the key witness against the deputies. According to his testimony, Gieniec and Tornberg accepted more than $7,600 in cash from him. Rydzewski also testified that he gave the marshals loans and other financial favors.

In November, Rydzewski was placed on probation and ordered to pay $220,000 in fines for his part in the security scheme. Rydzewski had pleaded guilty in July to three counts of paying illegal gratuities to government employees.