Ex-Speaker Innocent of Bribery Charges

FRESNO —  A jury found Brian Setencich, former speaker of the California Assembly, innocent of bribery and mail fraud charges Monday but deadlocked on two counts of filing false tax returns.

“It’s like a big weight off my shoulders. I’ve been held up by this for too long,” said a jovial Setencich after the jury was escorted out of the courtroom.

Setencich was indicted in 1998 on charges of bribery, mail fraud and filing false tax returns for 1996 and 1997. The government contended in court papers that Setencich used a check-cashing scheme to illegally drain his 1996 campaign fund of $30,600.

Setencich faced up to 20 years in prison if he had been found guilty of all charges, but he most likely would have served about four years under sentencing guidelines passed in 1989.

Just 11 jurors, six men and five women, decided the case after the 12th juror was excused because of a death in her family. There had been only one alternate, who had already been used to replace another juror who had the flu.

During deliberations, the jury told U.S. District Judge Robert E. Coyle that it was having trouble sorting through the voluminous piles of evidence presented by the prosecution, led by Assistant U.S. Atty. John K. Vincent.

“It was so confusing. It’s really a difficult case to think about,” said juror Michael Prosperi, 27, of Madera.

Other jury members refused to comment.

Setencich was accused of accepting a $3,000 bribe from Fresno businessman Robert Yang in exchange for securing a Fresno Convention Center fee waiver from the City Council in 1993. The $6,200 fee waiver passed on a 7-0 vote.

Yang was indicted in 1998 along with Setencich on charges of bribery and witness tampering. He pleaded guilty and has been cooperating with the government in its investigation, dubbed Operation Rezone. The five-year investigation has resulted in 14 convictions of developers, lobbyists and public officials.

Setencich’s lawyer attacked Yang’s credibility during the trial, repeatedly pointing out that the government built its case against Setencich on the word of a convicted felon who has admitted he repeatedly lied to the FBI.

During his two days of testimony, Setencich, now an aide to San Francisco Mayor Willie Brown, vehemently denied ever taking money in exchange for political services or stealing cash from his campaign fund.

Yang, however, testified that he and some friends helped Setencich loot his campaign fund after his failed reelection bid to the lower house of the Legislature in 1996.