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Indicted SJ mayor seeks to keep some grand jury testimony secret

The Associated Press | Thursday, Aug 10 2006 1:15 AM

Last Updated: Thursday, Aug 10 2006 1:15 AM

As much as 17 percent of the grand jury testimony that led to the criminal indictment of Mayor Ron Gonzales, his top aide and Norcal Waste Systems should remain under seal because it could prejudice potential jurors or be inadmissible at trial, lawyers for the defendants say.

Santa Clara County Superior Court Judge James Emerson was set to hear the lawyers' request to keep portions of the testimony secret Thursday.

While lawyers for Gonzales and his aide, Joe Guerra, submitted an identical list of transcript sections they want sealed that amounts to about seven full pages, Norcal's attorneys asked that "material on fewer than 400 pages" be sealed.

Prosecutors oppose the requests, joined by the San Jose Mercury News, whose attorney argues that the defendants can get a fair trial even if the transcripts are released.

What is contained on those pages has not been revealed because Emerson ordered the requests to be kept secret at least until Thursday's hearing and imposed a gag order on both sides.

Prosecutors say Gonzales pressured San Francisco-based garbage company Norcal into using Teamsters, instead of lower-paid union workers, at a recycling plant, and then secretly agreed to help the trash contractor recoup the extra labor expenses at a taxpayer cost of $11.25 million.

Gonzales was charged with six felonies in an indictment unsealed June 21, including conspiracy, bribery, misappropriating public funds and falsifying records. If convicted, he could face up to eight years in prison.

Guerra and Norcal also were indicted for allegedly conspiring to defraud the public and misuse public funds.

All have pleaded not guilty to charges.

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