4:04pm PT by Eriq Gardner
Anthony Pellicano Prepares for New Prison Sentence
Anthony Pellicano, the notorious private eye who once spied on behalf of powerful clients such as Michael Ovitz and Kirk Kerkorian as well as celebrities including Tom Cruise and Chris Rock, is scheduled to appear before a California federal judge next Monday.
In 2008, Pellicano was convicted of 78 felony offenses including racketeering, wiretapping and illegal weapons possession. He was sentenced to a 15-year prison term. Widely expected to remain in jail until at least 2019, Pellicano got the 9th Circuit Court of Appeals in 2015 to vacate his sentence with the overturning of a conviction for violation of the Computer Fraud and Abuse Act. The appeals court ruled that jury instructions at the trial were improper.
As a result, a court must now re-sentence him.
In a memorandum submitted last week, federal prosecutor Kevin Lally urges no leniency.
"While the Ninth Circuit's ruling decreased the total number of convictions that will be reported on defendant's confidential rap sheet and PSR, it left intact all of the fundamental sentencing considerations that together served as the basis for the 180-month sentence imposed by the Court," he wrote. "It cast no doubt on, but rather supported, the underlying conduct, which this Court deemed 'reprehensible' — conduct in which law officers were bribed and phone company employees paid to provide confidential information on crime victims and legal adversaries, conduct in which defendant and his associates wiretapped defendant's clients' adversaries, including attorneys, and sought to use this information, often maliciously, to destroy these adversaries, conduct which sought to subvert justice, undercut faith in fundamental governmental institutions, and undermine the core trust and security that resides at the heart of attorney-client privileged communications, conduct that resulted in widespread personal victimization, institutional damage, and societal harm."
Pellicano, it seems, will be representing himself in court.
On Friday, a recent letter from the jailed sleuth to U.S. District Court judge Dale Fischer was made public.
Pellicano, now in a correctional facility in California after having been moved from Texas, discusses how he's not being allowed to appear at the hearing via video conference and requests he be escorted by law enforcement personnel lest he lose his cell, job and personal property due to procedure at his detention center.
It's not clear whether Pellicano, 73, will argue for a reduced prison sentence. In a second letter to Lally, he writes that he has no intention "on filing any form of pleadings or otherwise objecting to your pleadings nor the Probations Offices Presentencing Report or addendum."
Pellicano also has a date at Los Angeles Superior Court in November. Anita Busch, an entertainment journalist, is suing him and former Hollywood super-agent Michael Ovitz over a harassment campaign. It will be the last major Pellicano-related judgment.