Leary's last pre-trial hearing slated for Tuesday

by Thom Nadeau
of Notable Trials

Former Sacramento County sheriff’s Lt. Michael P. Leary is slated to be in court tomorrow for what is likely to be his last pre-trial hearing before he stands trial for several felonies allegedly committed during a disputed property transfer.

Trial of the one-time Elk Grove city council member is expected to begin in superior court June 29. He is looking at four criminal counts springing from a challenged transfer of title for a $610,000 residence at 3301 Marina Cove Circle, Elk Grove.

The 49-year-old Leary was booked and arraigned in October 2009 on charges of grand theft fraud and forgery stemming from the transfer between himself and his former live-in girlfriend Alyc K. Maselli in 2006.

Leary has pleaded innocent to all charges. If convicted, he could be sentenced to 12 years in state prison and fined $75,000. He remains free on bail.

A woman scorned; her revenge delayed...

The matter of People v. Leary, #09F07685 has been stalled for months by various pre-trial motions and hearings.

Leary, a 27-year veteran of the Sheriff’s Department, left his high-ranking post upon his arrest. He was an Elk Grove city councilman for eight years before losing a re-election bid. Before that he was Elk Grove community services director.

He and Maselli were reportedly planning marriage, but fell out during a banking dispute in early 2008, court documents indicate.

Leary’s attorney, William Portanova of Sacramento, has characterized the couple’s present mise-en-scène as the sort of unfortunate misunderstanding that can crop up when couples try to manage their own division of property during a marital break-up without a lawyer.

Leary is set to be in Sacramento County Superior Court Judge Gary Ransom’s bailiwick at 1:30 p.m. Tuesday.