Lawyer Loses Appeal to Avoid Indictment in Bribery Case

A San Diego attorney has lost a last-ditch effort to avoid being indicted for bribing three ex-judges, one of whom has pleaded guilty to taking more than $75,000 in bribes.

A motion by civil litigator Patrick Frega to have the U.S. attorney’s office booted off the case was rejected by the U.S. 9th Circuit Court of Appeals. Also rejected was his bid to halt the federal grand jury investigation until he can make further arguments on the ouster motion.

Frega, represented by attorney Dennis Riordan, had argued that the office of U.S. Atty. Alan Bersin has a conflict of interest because it employs a prosecutor who, while in private practice, represented Frega.

Two weeks ago, former Superior Court Judge Michael Greer pleaded guilty to bribery charges. He said that ex-judges G. Dennis Adams and James Malkus also took bribes from Frega. James Williams Jr., a car dealer, pleaded guilty to lying about his role in the bribes.

When any further indictments will be made public is unknown. But in asking the appeals court to reject Frega’s appeal, prosecutors indicated a desire to complete the 18-month investigation so that a skeptical public can see the evidence.

“Without question,” wrote Bersin and his assistants, “these pleas [Greer and Williams] have already had a deep effect on the San Diego legal community. . . . To stall or impede the completion of the investigation at this point would greatly impede and undermine the public interest.”