By Sam Stanton
sstanton@sacbee.com
Former real estate executive Michael Lyon will have to do time in jail rather than serve a year of home confinement following his guilty plea last month to four felony counts.
Sacramento County Sheriff Scott Jones said today he had rejected Lyon's application to serve his sentence under home arrest with an electronic monitoring device attached to his ankle. Lyon and his attorney had expected routine approval of the request, which would have allowed Lyon to go to work each day and to conduct visits with doctors and run other errands.
"The facts of his offense caused me grave concerns," Jones said, adding that he had received letters from alleged Lyon victims urging him to order Lyon to jail. Jones said the fact that Lyon's crimes occurred in his home -- and that one of them occurred after Lyon knew he was under investigation -- played into his decision. He also said the fact that Lyon's behavior allegedly went back decades and involved numerous victims was a factor.
Jones did not specify how much time Lyon will have to serve, but said his conduct in custody at Rio Cosumnes Correctional Center will be reviewed after 30 days. Typically, a one-year sentence results in about 180 days of time served. If Lyon serves less than that in jail, he will be required to finish his sentence in home detention.
Lyon issued a statement in response to the sheriff's decision that indicated he was not surprised by the decision.
"It's with a sense of resolve that I greet today's news by repaying my debt to society," he said. "I appreciate that the district attorney and sheriff have treated me fairly throughout this difficult process.
"Deep down, I knew this day could eventually come, and it is a relief that I will now begin to pay the price for my poor behavior. I look forward to ending this chapter and rebuilding my family and life."
Lyon pleaded guilty to electronic eavesdropping, charges that stemmed from his secret videotaping of interactions he had with four prostitutes he hired from online services, who are identified in court documents as "Jane Doe" 1-4. As part of the March 14 plea, Sacramento Superior Court Judge Gary Ransom sentenced Lyon to two years in prison, then suspended the sentence and said he would require a year in custody.
The court indicated it had "no objection" to Lyon serving the sentence at home, and Lyon and his attorney, William Portanova, expected the sentence would be spent at Lyon's home, which Portanova said is a typical sentence for a first-time felon with no history of violence.
"While Sheriff Jones and I disagree on the need for Mike's incarceration, the sheriff did win the election and therefore has the final word on the matter," he after learning of Jones' decision.
Prosecutor Rob Gold said at the time of Lyon's plea that the District Attorney's office opposed the request for home detention, and the prosecution's sentencing brief said Lyon should serve jail time "in view of the nature and seriousness of the crimes."
Court records indicate that Lyon secretly recorded a 19-year-old escort on March 21, 2009, at the Arden Arcade home he shared with his then-wife Kimarie "Kim" Lyon. The woman told investigators she did not know she was being recorded and, at one point in the recording, points to the hidden camera and asks what it is, court records state.
"Nothing," Lyon responded, adding that it was not a camera, the documents state.
The next victim, a 24-year-old escort, was recorded on Jan. 27-28, 2009, in the same bedroom, and was shown the recording on Oct. 4, 2010, by investigators.
"She cried when she observed the video and identified herself as being depicted in it," court records state.
A third victim, a 33-year-old escort, was recorded Oct. 8, 2008, at Lyon's home and is depicted on six different videos, the documents state, including a lengthy recording of the two.
"In the beginning of the long video, the defendant can be seen adjusting the camera prior to Jane Doe #3's arrival," the documents state.
The fourth victim was a 22-year-old escort recorded inside Lyon's current home in Carmichael, the documents state, and the incident occurred about Sept. 13, 2010, "at a time when defendant Lyon knew he was being investigated for secretly recording sexual encounters with women and while his representatives were publicly denying such conduct on his behalf," court documents state.
"Each of the women secretly videotaped in the charged offenses expressed feeling violated and betrayed by defendant's conduct," the prosecution's sentencing brief indicates.
The brief also describes "a pattern of similar misconduct" going back more than 20 years that was not charged because the statute of limitations had run out.
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