By Denny Walsh and Sam Stanton
dwalsh@sacbee.com
Despite claims that indicted tomato executive Frederick Scott Salyer is wasting away in jail and should be released to prepare a proper defense, a federal judge today again refused to release him without bail backed by a currently encumbered Pebble Reach residence.
A short-tempered U.S. District Judge Lawrence K. Karlton refused to hear new arguments on the matter and set the next hearing for two weeks from now.
Salyer's attorney, Malcolm Segal, told the judge he cannot mount an adequate defense in the complex racketeering, bribery and conspiracy case as long as Salyer jailed, and indicated he would press to go to trial as soon as possible and defend the case "ineffectively," a signal that Segal may be building in an appeal if Salyer is convicted.
Salyer, 54, is in the Sacramento County Jail and has been trying to raise the bail amounts Karlton ordered to ensure he would not flee the country.
He has surrendered his passport and pilot's license, put up $300,000 in cash, offered property owned by friends with $500,000 equity, and has offered to put up the $7 million Pebble Beach home his daughters own.
However, his release was snagged on the fact that Salyer's ex-wife has a legal claim against that property -- called a lis pendens -- and proceedings to lift it are stalled in Superior Court in Monterey.
Segal has claimed that Salyer is suffering medical problems from diabetes that has flared since he was jailed.
"The defendant, a man of modest size, has lost approximately 15-17 pounds in jail in just a couple of months," Segal wrote in court papers, adding that Salyer had to be examined by a doctor because of one episode where his heart rate and blood pressure shot up.
But federal prosecutors say Salyer will flee if released and filed papers reflecting angry telephone conversations Salyer had from the jail that were recorded by authorities.
"The defendant made a number of panicked, despondent calls on a jail telephone that he knew was monitored," the papers said.
In one call to a female friend, Salyer talked of wanting to have his daughter Stephanie convince his ex-wife, Lynne H. Salyer, to lift the lis pendens so he could get out of jail.
"Stephanie has a weapon, she's got that grandkid," Salyer said, according to the transcripts. That is an apparent reference to a grandson born just after his arrest in February.
Later, he called his other daughter, Caroline, and "indicated that he had no reason to live and was 'done,' " the court documents state.
He then told her that Caroline could pressure his ex-wife to help get him released.
"She can go to your mother and say turn over the (expletive) house," he said.
Call The Bee's Denny Walsh, (916) 321-1189.
Previous coverage:
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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