The prosecutor leading the case against a family facing scores
of felony counts stemming from a towing scam breathed a sigh of
relief Monday when, after nearly two years of delays, a judge set a
date for the case’s preliminary hearing. The preliminary hearing is
scheduled to begin 9 a.m. May 11 in Department 32 at the Hall of
Justice.
SAN JOSE
The prosecutor leading the case against a family facing scores of felony counts stemming from a towing scam breathed a sigh of relief Monday when, after nearly two years of delays, a judge set a date for the case’s preliminary hearing.
The preliminary hearing is scheduled to begin 9 a.m. May 11 in Department 32 at the Hall of Justice. The proceedings will run for two weeks, excluding Fridays, before a weeklong break. Attorneys said the hearings could last up to six weeks. Lohman was confident Brown wouldn’t be inclined to grant many continuances.
“It’s a start,” said Deputy District Attorney Dale Lohman.
Vincent Cardinalli, Sr., 65, 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 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.
A second recent development in the case was the appointment of a judge for all purposes. Before the judge who is currently presiding over the case, Superior Court Judge Gilbert Brown, was assigned, the case had bounced around about half a dozen different courtrooms. Last week, Superior Court Judge Joyce Allegro was appointed but Cardinalli challenged the assignment, which he is allowed to do, Lohman said.
“You get one shot per case, no questions asked,” Lohman said. However, Cardinalli will not have the option to request a new judge later in the case, Lohman said, for example, if he wants a new trial judge or sentencing judge, if it comes to that.
“Now we have one judge who will be able to have a depth of understanding and a good grasp of the facts,” Lohman said.
But before Brown takes over completely, Superior Court Judge Vincent Chiarello will rule on Cardinalli’s motion for advisory and stand-by counsel next week. Cardinalli scrapped his attorney last year to take up the effort himself then made a motion requesting the assistance of an attorney. Chiarello tentatively ruled against Cardinalli’s motion at an earlier hearing but is scheduled to hand down his final decision 11 a.m. Wednesday in Department 43 at the Hall of Justice in San Jose. For now, Cardinalli is representing himself, Lohman said.
