The prosecution in a tow and sue case that has been delayed for
over a year was caught off guard at a motion hearing today when one
of the defendants changed his request for advisory counsel to one
for co-counsel.
The prosecution in a tow and sue case that has been delayed for over a year was caught off guard at a motion hearing today when one of the defendants changed his request for advisory counsel to one for co-counsel.
Vincent Cardinalli, Sr., 65, ditched his defense attorney months ago to take up the effort himself. He appeared before Superior Court Judge Vincent Chiarello today to hear a ruling on a motion he entered for advisory counsel, a motion he revised to one for co-counsel, said Deputy District Attorney Dale Lohman.
Surprised by Cardinalli’s most recent request, Lohman said she needed time to respond.
In a nutshell, the difference between advisory counsel and co-counsel is one of control. With advisory counsel, a defendant has an attorney on tap but is “still running the show,” she explained. With co-counsel, the defendant would represent himself but have an attorney as well.
“There can be a lot of confusion about who is in charge,” Lohman said. “But if he’s entitled to it (co-counsel), I’m sure the court will award it.”
Defense attorneys and Lohman will convene again 1:30 p.m. Feb. 4, before Superior Court Judge Jerome Nadler in Department 23 at the Hall of Justice in San Jose to set a date for a preliminary hearing. However, that court hearing precedes the date set for Cardinalli’s motion for co-counsel to be heard so Lohman didn’t see how a date for preliminary hearing could be set. On Feb. 11, Chiarello is scheduled to rule on Cardinalli’s motion for co-counsel in Department 43 at the Hall of Justice.
Cardinalli, his son Paul Greer, 31 – formerly Vincent Cardinalli, Jr. – Greer’s sister Rosemary Ball and her husband Michael Ball face 169 counts of conspiracy, perjury, forgery, attempted grand theft and other felony charges stemming from hundreds of lawsuits filed by Cardinalli and Greer in hopes of collecting towing and storage fees for their now defunct towing businesses.
The father and son duo were arrested June 2007 on dozens of felony counts. The family is accused of knowingly suing motorists who previously had sold or donated cars years before they were towed, and in some cases they sued people who had never owned the vehicle at all, court documents allege.
Cardinalli and Greer turned their towing businesses into a gold mine, collectively filing more than 2,000 cases in small claims courts since 1999 in San Benito and Santa Clara counties, according to an investigation conducted by the Santa Clara County District Attorney’s Office. They were released on bail and continued to enter small claims suits in San Benito County, even after being dubbed “vexatious litigants” by the courts. Cardinalli was later taken back into custody when further investigation revealed the Hollister resident was convicted of two felony arson charges in the 1970s.
