Kelly Gearhart’s trial delayed a fourth time

October 15, 2013
Kelly Gearhart and Jay Miller

Kelly Gearhart and Jay Miller

By KAREN VELIE

For the fourth time, former Atascadero “Person of the Year” and prominent North County land developer Kelly Gearhart’s fraud trial has been delayed.

Gearhart’s public defender, Kim Savo, successfully requested another delay in her client’s trial originally scheduled for Oct. 9, 2012.

Savo noted a variety of reasons for the early delays including the need to have more time to review financial documents, recordings of a radio interviews from the Dave Congalton Show and phone recordings. In her latest motion, Savo asks the court to delay Gearhart’s trial because she will be out of state due to an adoption.

In her latest motion, Savo asked the court to grant a continuance from Nov. 12, 2013 to July 15, 2014.

Assistant U.S. Attorney Stephen Goorvitch opposed the lengthy continuance and instead requested a new trial date of Feb. 18, 2014.

Goorvitch argued that the original trial date has already been continued for a lengthy amount of time, that the vast majority of discovery was made available last year, and that the continuance will require James Miller’s sentencing to also be extended, according to court records.

Gearhart and Miller, the former president of Hurst Financial, allegedly defrauded more than 1,200 investors of more than $100 million in an alleged Ponzi scheme. Miller and Gearhart bilked investors who put money into Central Coast real estate projects and then siphoned off the monies for other purposes, including maintaining lavish lifestyles, federal authorities alleged.

In the summer of 2011, Miller agreed to plead guilty to charges of fraud and money laundering as part of a plea agreement the court then filed under seal. It is likely that his testimony against Gearhart and others will result in a shortened prison sentence.

Because of the court’s Oct. 8 order to delay Gearhart’s trial, Miller’s March 17, 2014 sentencing date will also be delayed, according to court records.

In August 2012, Gearhart pleaded not guilty to 16 charges of mail fraud, wire fraud and money laundering at a federal court in Los Angeles. He faces up to 300 years in federal prison if convicted on all charges.

Both men remain out of jail on bail.

 


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Pelican1

The difference in corporate crime and “everyday” crime is simply remarkable. It’s time for a change.


OsborneCox

Sorry you there’s no thread for you to lament any injustices you’ve suffered, Nanci… but would you please refrain from hijacking this one?


Nancimeek

LMAO Osborne Cox At least I have the integrity to sign with my name and not use a made up name like yourself. What are you afraid of? Grigger Jones threatening to have you “homestead” your house? Don’t be afraid of these guys. Stay strong and continue to have faith in the legal system. Corruption is everywhere but you can’t let them win with their intimidations. “Hijacking this one?” What is that supposed to mean? we didn’t ask to be sucked into the Pe Ji Ho Ta investor partner BS that Jones partnered with Gearhart. Just trying to help you guys out with information.


Mr. Holly

This whole thing is beginning to stink. There obviously is something big going on behind the scene, like maybe some very big players being involved. I too agree that the longer this goes on that there are more of the big boys and good old boys who are sweating this out. Interesting that this trial is being pushed into next year which is also an election year. This could easily turn into quite a show. Unfortunately this show has caused many to loose everything with nothing to gain except that the culprits may be punished. I say may be punished, after hearing the results of the civil trial where the Title and Escrow Companies were found not at fault makes you wonder what the end result of this trial may be.


slocounty

Don’t be suprised to see Kelly walk.

OJ

Casey Anthony

Ring any bells


chickenboo

Mr. Holly, this has stunk for a long time! If I remember right, George Bush was president back then and he was about to illegally sign off on the Pe Ji Ho Ta casino right before all hell broke loose (Thanks for reminding us about that, Nanci!) Indeed, if this mess really does go “all the way to the top” as I had heard back then, then yes, absolutely, there are some BIG players in the game. And if Kelly and Jay are armed with guns big enough to cause trouble for some of those “big players’, then you bet. The feds are probably tripping over themselves trying to protect the top thieves while Kelly and Jay are calling the shots. Why else would this situation be so fraught with delays and confusion and injustice? Kelly and Jay can probably ring the bell on SEVERAL big name crooks, so they are driving a hard bargain. All the players in the Pe Ji Ho Ta project deserve a closer look. A-L-L of them. I’m glad you brought that up, Nanci….investigating that closer might shed some light on alot of things AND people.


Still Standing

I remember a big dinner Jay and Kelly went to for old Arnie baby! Something like $1500 a plate? Can’t remember the occasion. They LOVED to rub elbows with the ‘Big Players’! So, you’re right Mr. Holly, this goes WAY deeper than most anyone realizes. And we wonder WHY Kelly and Jay aren’t locked up yet?? Actually, I’d be surprised, as the trial for these clowns gets closer, (if it EVER does), that one or both have a little ‘accident’. Nothing like playing with the ‘Big Players’ to get your mouth shut in a BIG way!


Nancimeek

February 18, 2014? I’ll be there.


LameCommenter

This is how it goes for favored defendants. (Endless delays, justice delayed is justice denied, etc. etc.)


Most of you may not realize that a State Senator from L.A., Rod Wright, has been under indictment for YEARS for signing felony candidate registration papers showing he lived when filing for election in a four unit apartment building he owns in a poor area of Inglewood. Meantime, that building is fully rented and his tenants told investigators “he isn’t renting back a room from me” as this felon legislator claims, everybody knows it’s common knowledge that he lives up on the hill in Baldwin Hills, MILES outside of his district. The Los Angeles District Attorney Political Corruption Unit head prosecutor does NOTHING to press forward to trial, and this felon (or so indicted) legislator voted YES on nearly ALL the gun control bills Governor Brown just signed. Hundreds of votes on many subjects which he is disentitled to vote for.


You know, the Governor who appointed a replacement supervisor in SLO county who has no relation to the leaning of “her” new district and it’s majority of voters.


This system is so corrupt, so complacent, so disgusting.


Ready to move? Bell County, Texas (south of Killeen) has NO state nor local income taxes. NO building permits required for rural home construction. NO inspectors.


chickenboo

“Ready to move? Bell County, Texas (south of Killeen) has NO state nor local income taxes. NO building permits required for rural home construction. NO inspectors”


…So does that mean you can go build a beautiful home, and then your neighbor can fill his property with ratty house trailers and have a communal open septic?


…just razzin’ you a little bit!


LameCommenter

I don’t mind razzin`. Yes, it does mean you might be next to a ratty condition, though most Texans appear to select clean if Spartan housing choices. Not to drift off topic but Texans are an amazing bunch, drive 80 on the Interstate and a rigid 19 MPH in school zones, you’d think there was a motor cop on every school corner, and in some areas every tenth or so rural property has painted it’s gate posts boldly PURPLE. When I started going there I thought this was charming like Venice Beach or Los Osos and indicated possibly a personal or “life style” choice, but I was ignorant; it doesn’t. In Texas it means to stay out unless invited, because unrecognized intruders may be fired upon. Not so charming, and you never hear of actual shootings, but at least it’s clear little bizarre community signal.


As to wastewater open septic, I’m told but did not verify that rural Bell County ALSO has no inspections for septic tanks and leach fields but gives instructions strongly suggesting sensible standard installation so one protects one’s own groundwater.


Sorry to drift so far afield on a thread of injustice rendered to the victims of these reprehensible financiers.


slowtime

Someone high up is being paid some of this embezzled investor money. Nothing like swift Justice. This is disgusting.


chickenboo

This really is the truth, and it has been since day one. That’s why the bottom feeders will be gathered up and “thrown to the wolves” in order to apease the victims, The only problem will be that some of the bottom feeders also know the inside scoop, and there’s a chance they will squeel like little piggies. So I’m sure the defence is VERY BUSY trying to make sure the water is ‘safe’` before proceeding with their fake trial. They have alot of ‘ducks to get in a row’ so to speak. Is EVERY place of government/court/justice/bank corrupt?


Still Standing

“It is likely that his testimony against Gearhart AND OTHERS will result in a shortened prison sentence” Any of the ‘good ol boys’ getting nervous yet?? He’s already thrown you under that bus! Can you hear your clock ticking now? There’s no loyalty amongst thieves!


chickenboo

Now aint THAT the truth! I hope it’s a nice big CITY BUS that Miller is throwing his partners in crime under. Think about those wheels every time you see one of those big busses cruise by, you worthless thieves! And you know who you are. Your life is about to change big time. You really should move to Alaska now so maybe you can hide out for the rest of your life like the rodent that you are.


Nancimeek

Gearhart’s stepmother told me he and Robert Grigger Jones were “Thick as Thieves” I don’t doubt that Mr. Miller continues to give the US attorneys information as do the FBI and IRS. Just hope the US attorney take into consideration the Pe Ji Ho Ta debacle and its partners when it comes to making their case. More time is a good thing if it means a better case. Sorry to hear about the local case against the investment people didn’t work out well for the investors.


Perhaps those attorneys needed more time.


http://imokproductions.com/home Considering the evidence reflecting Jones, Gearhart and other partners took $646,000 from our stepmother for the Pe Ji Ho Ta buy in…………….I can wait. Evidence will prove this case.


Jorge Estrada

Does the right to a speedy trial start after the bail money is gone or the victim is dead?


Pelican1

Lady Justice seems to be pimping herself throughout this Gearhart debacle, allowing money to drive the train, while both men remain free. And you thought justice was blind!


Nancimeek

Oh justice is blind. No doubt. I had Attorney Robert Grigger Jones on the stand two years ago in Hawaii and watched him, staring straight into his eyes, LIE and LIE and LIE about the forged documents he stated in his affidavit in 2006 were valid.


He leafed through the 1st Amendment to my father’s trust pretending as if he had never seen the document while we already have proof (vis a vis the real 1st Amendment) that he pasted and copied that document AFTER our father died.


Our own stepmother admitted she didn’t sign the document and neither did my father, yet the attorney’s for our stepmother in Hawaii managed to talk the Judge into not allowing our crucial evidence to be admitted.


It isn’t over for us and certainly not for Mr. Jones. Just happy all the noise we made will insure he will never out fox or steal from another family again. Two other families have contacted me while having Jones in their employ and they dropped him like a wet donut.


He was and for all I know still is in tight with Gearhart. We know they were partners with the Pe Ji Ho Ta casino scam.


It isn’t over yet and be happy that the trial has been postponed. More time to dig up the slugs and liars. And make a stronger case.