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Brockovich Defendants File Motion

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TIMES STAFF WRITER

Two of the three men accused of trying to extort $310,000 from movie heroine Erin Brockovich want the case moved to Los Angeles County, saying Brockovich and her lawyer boss, Ed Masry, are “hometown celebrities” in Ventura County.

Lawyers for Shawn William Brown, 38, and John Jeffrey Reiner, 53, contend in a court motion that it would be impossible for their clients to get a fair trial in Ventura County.

“The impact of the alleged victims’ status in the community cannot be underestimated,” the motion says. “The two alleged victims--Erin Brockovich and Ed Masry--are ‘hometown celebrities’ in Ventura County.”

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The change-of-venue motion also says Ventura County prosecutors “lured” the defendants and “engineered” the case to keep it in their jurisdiction.

The motion was scheduled to be argued Monday in Ventura County Superior Court, but prosecutors asked for more time to respond.

Brown, a Simi Valley carpet cleaner and Brockovich’s ex-husband, is accused of demanding money in exchange for not going to the media with allegations that his former wife was a bad mother who had a sexual relationship with Masry.

Reiner, a Century City attorney hired by Brown in a film-related dispute, faces the same charges of conspiracy and extortion. Jorg Lawrence Halaby, 46, of Costa Mesa and Brockovich’s ex-boyfriend, is also charged.

The three men were arrested in late April after a videotaped sting at a Thousand Oaks law office that capped a two-week investigation by the FBI and the Ventura County district attorney’s office.

The inquiry began after Thousand Oaks lawyer Cathleen Drury, who represents Brockovich in a child custody dispute, contacted prosecutors about a possible extortion plot against her client, a legal investigator and the subject of the hit movie “Erin Brockovich” starring Julia Roberts.

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The film details how Brockovich, a down-on-her-luck single mother, helped win a $333-million settlement from Pacific Gas & Electric for residents in Hinkley, Calif., in connection with alleged pollution of ground water.

Brockovich has previously said that her ex-husband was upset that he didn’t get a share of the Universal movie deal, and she said Halaby was mad about their breakup.

Authorities say the defendants tried to extort money by threatening to tell tabloid reporters that Brockovich and Masry had a sexual relationship.

But attorney Joel Isaacson, who represents Brown, said those allegations are false.

Isaacson acknowledged that his client wanted money and was upset at his indirect portrayal as a “deadbeat dad” in the film. But he said Brown was involved in a legitimate business deal and committed no crimes. “He really felt this movie showed him as being totally absent,” Isaacson said, explaining that Brown hoped to sell his own story to the media and use the money to pay back child support. “It wasn’t like he was going to put this money in his pocket and go partying.”

Isaacson joined in the change-of-motion filed by Reiner’s lawyers this month. Halaby, who allegedly was also going to disparage Brockovich in the press, is also expected to join in the motion.

The motion alleges that prosecutors lured the defendants into Ventura County after an initial phone call between Reiner and Masry, who lives in Ventura County but works in Westlake Village in Los Angeles County.

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Authorities say Reiner called Masry at his law office to say that Brown was ready to give interviews that would put Masry and Brockovich in an unfavorable light, but would hold off for $200,000.

The amount allegedly increased as Reiner came to represent Halaby, according to court documents.

But defense lawyers allege in their motion that Masry worked with prosecutors to “create a case in Ventura County” against the three men. They allege that Masry was an “agent” for the district attorney who told Reiner to contact him at home and not at his office.

After Monday’s court hearing, Isaacson said jurisdiction will be a key issue at the next hearing, set for July 14.

The defendants are also expected to enter pleas at that time. They were scheduled to be arraigned last month, but the matter was postponed to give lawyers more time to review evidence in the case.

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