CALIFORNIA BRIEFING / SANTA ANA

Former Orange County Sheriff Michael S. Carona is asking a judge to let him remain free while he fights his conviction for leaning on an ex-assistant sheriff to lie to a grand jury investigating corruption in his administration.

In a motion filed Friday, Carona’s attorneys argue that there are several appeal issues that may lead to a reversal of his conviction, foremost among them the government’s conduct in secretly recording meetings between Carona and former Assistant Sheriff Don Haidl.

Carona’s defense team tried to suppress the tapes on the grounds that prosecutors violated state rules by recording Carona despite knowing he already had a lawyer.

But U.S. District Judge Andrew Guilford, who presided over the trial in which Carona was convicted of a single witness tampering charge, refused, though he did acknowledge that rules might have been violated.

“If the court releases Carona and he ultimately loses his appeal, he will serve his sentence as directed, and the government will not have been prejudiced,” wrote Jeffrey Rawitz, Carona’s attorney. “If on the other hand, the court denies release and Carona prevails, as we believe he will, he cannot recover the time he will have spent in prison.”

Carona was acquitted in January of five felony charges related to broad allegations that he misused the powers of his office in a scramble for cash and gifts for himself and others, including his wife and a mistress.

He is scheduled to be sentenced April 27 on the witness tampering count.

Federal probation officers have recommended that Carona serve 6 1/2 years in prison and pay a $65,000 fine.

Prosecutors are seeking nine years and a $125,000 fine, and have asked the judge not to let Carona remain free pending appeal. The defense plans to ask for probation and argues that Carona should not face more than 21 months in prison.

-- Christine Hanley