Hollywood Private Eye Loses Suppression Motion

U.S. District Judge Dale S. Fischer issued six separate rulings on Friday that went against private eye Anthony Pellicano and five co-defendants, the Los Angeles Times reported Saturday; he also refused to suppress evidence in a government case that accused a Hollywood private investigator of illegally wiretapping Hollywood stars.^[1]

Pellicano is in federal custody pending trial.^[2] The indictment accused him of tapping phones and bribing police to get information on celebrities such as Sylvester Stallone and comedian Garry Shandling.^[3]

Pellicano’s federal criminal defense attorney’s have filed motions sought to suppress evidence the defense argued was mishandled or obtained through government misconduct.^[4] That included recordings of Pellicano's telephone conversations that were seized in a search of his Sunset Strip offices four years ago. One of the motions sought to have the entire criminal indictment dismissed.^[5]

"We are extremely pleased with the court's ruling, this investigation was conducted well within the confines of the law ... the investigators demonstrated the highest degree of integrity," said Thom Mrozek, a spokesman for the U.S. attorney's office in Los Angeles.^[6] Pellicano and the other defendants have pleaded not guilty to wiretapping and conspiracy.^[7]

Interception and disclosure of wire, oral, or electronic communications is covered under 18 U.S.C § 2511 wherein it states, in pertinent part, that any person who a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;^[8]

Or intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or ii) such device transmits communications by radio, or interferes with the transmission of such communication; or iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or iv) such use or endeavor to use A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.^[9]

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^[1] AP Staff, Judge will not dismiss evidence in private investigator's Hollywood wiretapping case, Associated Press Newswire, December 23, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 18 U.S.C § 2511(a)(2007).
^[9] Id. at § 2511(b).