By Denny Walsh and Sam Stanton
dwalsh@sacbee.com
A federal judge this morning postponed deciding whether indicted tomato executive Frederick Scott Salyer can be released on bail, calling the impending decision one of the most difficult he has faced in decades on the federal bench.
"I have been thinking since last night of how to solve this problem, and I have no idea," U.S. District Court Judge Lawrence K. Karlton said as Salyer sat at the defense table in an orange Sacramento County Jail jumpsuit.
Karlton said that if Salyer remains in jail it could take years for the defendant to review the million pages of documents prosecutors have amassed to use against him.
But he also said he has concerns about the risk of the multimillionaire Salyer deciding to flee prosecution rather than face the prospect of spending 20 years in prison.
Prosecutor Sean Flynn argued that Salyer could be moved to a place such as the Nevada County Jail, where a room might be available for him to confer with his attorneys and review evidence.
But Salyer defense attorney Malcolm Segal said he would need a 20-foot-by-40-foot "war" room to store documents, put up wall charts, set up video equipment and view computer hard drives.
He said restrictions at the Sacramento jail make it impossible to mount a defense for the 54-year-old Salyer, who faces seven counts of racketeering, conspiracy, bribery and obstruction of justice.
"I can mount a defense," Segal said. "There's a defense here, and I can mount it, but I can't mount it in jail."
Segal suggested Salyer could be placed under house arrest in his Pebble Beach mansion and guarded at all times, even offering to hire a private security firm for the task, but Karlton finally decided he wanted the opposing sides to file written plans and return to court to resume oral argument about what facilities might be available where Salyer could be detained and still review the evidence against him.
"I find it extraordinarily difficult -- and I've been in this business 33 years on the federal bench -- and I've never had anything like this," Karlton said.
Call The Bee's Denny Walsh, (916) 321-1189.
Previous coverage:
Indicted tomato businessman again seeks release on bail - March 17, 2010
Tomato king sees his empire crumble - March 14, 2010
Key players in the Salyer case - March 14, 2010
Food executive Salyer denied bail in Sacramento federal court - March 4, 2010
SK Foods magnate Salyer hears charges in racketeering case - Feb. 27, 2010
Arrested tomato magnate to appear in Sacramento court - Feb. 26, 2010
SK Foods magnate Salyer indicted on racketeering charges - Feb. 19, 2010
Judge orders SK Foods magnate sent to capital - Feb. 6, 2010
FBI arrests SK Foods owner on fraud charges - Feb. 5, 2010
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