‘Pattern of Racketeering’ Charged : Judiciary: The accusation is made against U.S. District Judge Robert P. Aguilar as the trial begins. The jurist’s defense attorney said he was targeted by a ‘reactionary Administration’ because of his liberal rulings.

In opening statements Thursday in the trial of U.S. District Judge Robert P. Aguilar, prosecutors contended that he sought to use his position to sway fellow judges, while Aguilar’s lawyer charged a “reactionary” federal Administration targeted him because of his liberal rulings.

Prosecutor Ralph D. Martin said Aguilar, appointed to the federal bench in 1980, engaged in an eight-year “pattern of racketeering.”

But defense lawyer Patrick Hallinan told jurors that some of Aguilar’s rulings, such as his decision that homosexuals could enter the country as immigrants, resulted in the “consternation of prosecutors” who represented a “reactionary Administration.”

Hallinan singled out the FBI’s main agent in the Aguilar investigation, Thomas Carlon, calling him the “architect” of the case against the judge. Hallinan charged that Carlon had “spoken openly of his distaste” of liberal federal officials.

Prosecutor Ralph D. Martin objected to the allegation, and U.S. District Judge Louis Bechtle cut off Hallinan’s argument.

Aguilar, 58, of San Jose, is charged in an eight-count indictment of using his office in a racketeering conspiracy to obstruct justice. He faces 55 years in prison and a $2-million fine, plus impeachment. He is the first California-based federal judge to go on trial.

Testimony is expected to continue for six weeks.

The most serious charges involve the judge’s actions on behalf of former Teamster union executive Rudy Tham, 66.

Although Aguilar never met Tham, it is alleged that he approached U.S. District Judge Stanley A. Weigel hoping to persuade Weigel to hold a hearing on Tham’s request to overturn his 1980 embezzlement conviction.

Martin charged that Aguilar tried to help Tham at the behest of a long-time family friend and in-law, Abe Chapman, 83, a reputed mobster. Chapman and Tham are charged with conspiracy.

Martin said Weigel, who is expected to testify, wondered what “mischief” Aguilar was up to, but said Weigel was not convinced that Aguilar’s actions were improper.

Martin said, however, that Aguilar revealed his intent by giving “very clandestine” advice to Tham’s lawyers about how to plead Tham’s case before Weigel. He also said Aguilar knew that Tham and Chapman were trying to find a job for Aguilar’s brother, a recovering alcoholic.

Hallinan insisted that there is nothing wrong with a judge offering legal advice in a case not pending before him. He focused on the FBI’s repeated questioning of Weigel about Aguilar.

Hallinan said Carlon, as he investigated the case, told Weigel that Aguilar was “selling his robes” merely to get his brother a job. As it turned out, it took five months for Aguilar’s brother to find work, and then as a warehouseman making about $9 an hour, Hallinan said.