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Long-awaited Leary Trial Goes; To Start Tuesday in Sac Court

by Thom Nadeau
of Notable Trials

The Sacramento District Attorney and Michael Patrick Leary were in Superior Court Wednesday to confirm that Leary’s criminal trial will proceed Tuesday as planned.

The appearance is set for 8:45 a.m. in Dept. #9 where a judge will assign a courtroom to hear the matter of People v. Leary, #09F07685.

It may take a day or two to pick a jury and the trial itself could last three to four days, defense attorney William Portanova estimated.

Leary, a former Elk Grove City Council member and Sacramento County Sheriff’s Department lieutenant, is charged with four criminal counts arising from a real estate dispute with his former live-in girlfriend, Alyc Maselli.

Maselli and the district attorney allege that Leary bilked her out of her share of a $610,000 home at 3301 Marina Cove Circle, Elk Grove.

Leary has pleaded innocent to all charges. If convicted, he could face 12 years in state prison and a fine of up to $75,000. In the meantime, he remains free on bail.

Leary has separately filed a civil counter suit claiming Maselli and ring of women notary executives have joined together to defraud him through an improper title transfer.

He filed the suit in propria persona, that is to say, on his own lonesome, rather that through an attorney.

Portanova skirted comment on Leary’s civil suit, saying his law office was not involved in the matter. It is unclear what, if any, impact this civil suit might have on Leary’s criminal proceedings.

The civil suit – Leary v. North American Title Company, et al, case #34-2010-00085705, claims that Maselli along with Abby Patneaud, Catherine Picton and “Does 1 through 15” conspired through North American Title Company to defraud him of an unspecified amount in excess of $25,000.

Leary was in court Wednesday, but left without commenting to Elk Grove News.

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