By Denny Walsh and Sam Stanton
dwalsh@sacbee.com
Indicted tomato executive Frederick Scott Salyer can expect to remain in jail at least for a while longer, despite a federal judge signaling today that he is sympathetic to the hardships Salyer's defense faces in preparing for trial in his racketeering, bribery and conspiracy case.
"Mr. Salyer is in jail and doing hard time, really, before he's been convicted, but there's nothing I can do about that," U.S. District Judge Lawrence K. Karlton said in a hearing today to schedule further proceedings in the case.
Salyer appeared once again in court in an orange jumpsuit from the Sacramento County Jail as Karlton discussed the difficulty the former head of SK Foods LP is having in arranging for $6 million worth of property to be put up before he can be released.
Salyer already has put up $300,000 in cash, $500,000 equity in property owned by friends and has surrendered his passport and pilot's licenses, but federal prosecutors contend Salyer will flee the country if he is released from jail.
Malcolm Segal, Salyer's attorney, has said the case is far too complex to be able to mount a defense while his client is in jail, and he has complained that Salyer's diabetes has flared in jail and that his health is declining.
Karlton is clearly troubled by the dilemma he faces over the bail issue, but he said today that he will not reconsider the strict measures and financial requirements he has ordered before Salyer may be released.
"That's not to say that I don't recognize this is impeding an effective defense, but that's life," Karlton said.
The judge added that he would look more favorably on releasing Salyer if his daughters' interest in his $7 million Pebble Beach home is put up, something that has been delayed because of a legal dispute working its way through Superior Court in Monterey County.
"I don't believe he would sacrifice them (by fleeing)," Karlton said. "I may be wrong, but that's what I believe."
Segal has suggested Salyer could be placed under house arrest in Pebble Beach to help coordinate his defense, and has filed an appeal with the 9th U.S. Circuit Court of Appeals to win his release.
Meanwhile, Salyer's lawyers have been meeting with their client inside a special room in the jail, and Segal said he already is hearing complaints from deputies who have had to remain on duty until the early morning hours and who have been called in on weekends while legal strategy is hashed out.
Call The Bee's Denny Walsh, (916) 321-1189.
Previous coverage:
Jailed tomato mogul's recorded phone calls full of venom for ex-wife - April 14, 2010
Judge in Sacramento rescinds tomato magnate's bail order - March 31, 2010
Defense says diabetes should get tomato exec out of Sacramento jail - March 25, 2010
Lawyer for tomato exec Salyer cites fraud case's complexity in urging bail - March 19, 2010
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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