Thursday, January 13, 2005

Anthony Pellicano Update

From the website

Pellicano is attempting to get released early from federal prison. A hearing occurred on Thursday, January 13, 2005 in Pasadena of the U.S. 9th Circuit Court of Appeals. A three-judge panel will render an opinion within three months on a request by Pellicano's lawyer, Donald Re, to declare the search illegal, suppress the seized evidence and overturn his conviction. If successful, this could effectively nullify the ongoing federal probe into Pellicano's use of wiretapping and extortion in the service of his celebrity clients.

There are essentially three facets to Pellicano's argument:
(1) The warrant authorizing the search and seizure was unconstitutionally overbroad in scope.
(2) The prosecution acted in bad faith when it obtained the search warrant on grounds of a possible Hobbs Act violation (the federal extortion statute).
(3) The grenades found in Pellicano's office were "homemade" weapons. Precisely BECAUSE Pellicano had turned the relatively harmless practice grenades into lethal weapons by sealing the vent holes with adhesive plugs and filling the interior chambers with explosive powder for his own personal use, this DOES NOT constitute a crime because as "homemade" weapons (not intended for sale) Congress has no jurisdiction since it's authority to tax or regulate interstate commerce should not apply.