Probable Cause for Wiretaps

Guilt Phase

July 29, 2004

JUDGE: Next issue. Lot of issues today. There is also request to revisit the wiretap motions on the issue of probable cause for the issuance of a warrant. Do you want to argue that, Mr. Geragos?

GERAGOS: Yes.

JUDGE: Go ahead.

GERAGOS: We now got, by my count, four different completely false statements that have been proven demonstrably false contained within the wiretap affidavits. I believe now that that rises to the level where the motion should be reheard, the affidavits should be examined. There is also, I believe, a sufficient foundation under Leon for the attack or the quash and traverse to be made, and would I ask the Court to let me revisit the issue.

JUDGE: Do you want to be heard on that?

DISTASO: Just briefly. I don't believe that's the case. I don't believe there has been four statements that are demonstrably false. Let's assume for the sake of argument that there were -- the wiretap affidavit contained -- it's like 80 pages long. Contains tons of probable cause. And so I'm not at all conceding that there were false statements. But even assuming there were, certainly the wiretap affidavit would stand on probable cause on its own at this point in any event. So that motion should be denied.

JUDGE: All right. The Court's read and considered that issue also, and that motion will also be denied; because, even if the Court went to the point of redacting the -- what is alleged to be erroneous, there is still is plenty of information in there to establish necessity to order the wiretaps. The Court will not revisit the issue of the wiretap motions. That deals with that.