Fleiss Gets 3 Years in Prison for Pandering : Sentencing: Judge says Hollywood madam preyed on young women. She posts bond and is freed pending an appeal.

The notorious Hollywood madam Heidi Fleiss, who titillated the nation with tales of her glamorous Chanel-clad call girls, was sentenced Wednesday to three years in prison on charges of pandering. However, she remained free pending appeal of her conviction.

Calling Fleiss’ call-girl ring a “highly sophisticated and lucrative criminal enterprise,” Los Angeles Superior Court Judge Judith L. Champagne also decided to fine Fleiss $1,500. With credit for good behavior, Fleiss, 29, could be released from prison in 18 months.

In order to remain free on bail during her appeal--a process that will probably take about a year--Fleiss had to post $200,000 bail.

“It could have been worse,” said Fleiss, who faced a maximum sentence of more than eight years. Dressed in a miniskirted gray suit, she showed little emotion when Champagne announced her sentence, the shortest allowed under the state’s mandatory sentencing law.

Fleiss’ parents were clearly distraught by the latest chapter in the ongoing saga enveloping their daughter, whose prostitution ring allegedly catered to the sexual whims and wishes of top Hollywood entertainment executives.

“Seeing your child locked up is a nightmare,” said Elissa Fleiss, Heidi’s mother. “That’s what happens when they make laws one-size-fits-all. They indict people where it really isn’t appropriate.”

Fleiss’ attorneys, arguing that a victimless crime had occurred, said sentencing her to prison was “grossly disproportionate” to the seriousness of her offense.

“No one was hurt in this case, no one was coerced,” said attorney Anthony Brooklier, who pointed out that probation is an option for a criminal who commits murder “but Miss Fleiss has to go to state prison.”

Deputy Dist. Atty. Alan Carter countered that Fleiss preyed upon young women “whoare not very smart,” luring them with the promise of money and glamour. He asked that Champagne sentence Fleiss to four years in prison.

“We’re dealing with someone who preys on the young, the naive,” Carter said. “We’re dealing with someone who deserves to be punished.”

After her sentencing, Fleiss said Carter’s remarks were more demeaning to women than anything she had done as a madam. “He said they’re stupid and I degraded them? He’s the one who’s really bashing them.”

Champagne agreed with the prosecutor that Fleiss’ illicit business left victims in its wake.

“This cannot be called a totally victimless crime,” she said. “It’s very degrading and it does take its toll.”

Fleiss was convicted on three counts of pandering in December after she was snared in an undercover sting operation by a Beverly Hills police detective who pretended to be a Japanese businessman willing to pay $1,500 to each of four call girls.

Fleiss’ appeal will largely be based on the contention that jury misconduct occurred during the four stormy days of deliberation before the jury reached its verdict, Brooklier said.

In motions requesting a new trial that were filed after Fleiss’ conviction, Brooklier and co-counsel Donald Marks unsuccessfully argued that the verdict was tainted by jury misconduct because jurors discussed the case outside court and traded votes on some counts in an effort to lower Fleiss’ prison time. Champagne agreed that misconduct had occurred but ruled that it had not resulted in an unfair trial.

Before her court appearance, Fleiss said she could not see that her crime warranted punishment.

“The whole thing is so ridiculous,” said Fleiss. “Especially right now with everything going on in the world, prison overcrowding, bombing in Oklahoma City. To spend this much time and money on me--it’s crazy. . . . I think I’ve been punished enough.”

Fleiss’ legitimate business career--selling hip, scanty lingerie--has flourished with the publicity garnered by her illegal activities. Since her December conviction, she has moved her Pasadena lingerie shop to a better location in Old Pasadena and has opened a shop in Santa Monica.

Champagne’s decision to allow Fleiss to remain out on bail pending appeal is not uncommon, legal experts said.

“It’s not that unusual because it’s a nonviolent crime,” said defense attorney Gerald L. Chaleff. “It’s totally at the discretion of the trial judge.”

Fleiss will be back in court next month, facing federal charges of money laundering and tax evasion. Fleiss rejected the government’s offer of a plea bargain that would have required her to serve between 24 months and 41 months. She faces a maximum of five years in prison on those charges.

Fleiss Profiled

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