Carona May Commit Another Crime, Prosecutors Say

Federal prosecutors asked a judge to deny former  Orange County Sheriff Mike Carona bail while he appeals his witness-tampering conviction, because they say he may commit another crime while remaining free, it was reported Saturday.

Carona's defense team is appealing the case, and has asked U.S. District Judge Andrew Guilford to allow Carona to remain free pending an appeal to the 9th Circuit U.S. Court of Appeals in San Francisco. The appeals process can take a year or two, the Orange County Register reported.

A jury convicted Carona in January of witness tampering for urging former Assistant Sheriff Don Haidl to lie to a grand jury investigating the Sheriff's Department. Carona was acquitted of five other charges, including conspiracy.

Prosecutors also defended their investigation, saying they were well within their rights to secretly record a conversation between Carona and Haidl on Aug. 13, 2007, according to a government brief filed Friday.

Guilford sentenced Carona last month to 66 months in prison, and ordered that he turn himself in on July 24 to serve his sentence. He also chastised Carona for his behavior after the verdict.

On the courthosue steps, Carona told reporters that he felt
"vindicated" by the jury's acquittal votes, the Register reported.

"It was one thing not to admit guilt, Guilford told the Register, "It's a different thing to celebrate the verdict with proclamations of victory and proclamations of innocence."

The main argument on appeal is that Guilford should have thrown out the tape from evidence, and that prosecutors engaged in ethical misconduct by recording Carona without advising his then-criminal defense attorney, the Orange County Register reported.

In a five-page filing, Assistant U.S. Attorney Ken Julian asked Guilford to deny Carona's plea to remain free pending appeal, saying Carona's grounds for appeal are without merit. The prosecutor said the government did not violate Carona's constitutional rights when recording the Carona/Haidl conversation, and also wrote that Guilford "did not abuse (his discretion)" when he decided to keep the tape in the trial.

The Orange County Register reported that it was unclear when Guilford will decide whether Carona should remain free during the appeal process. The judge said he might hold a hearing, or might just issue his ruling.