Ferrari Driver Charges Split into Two Trials

Stefan Eriksson, a former race car driver who allegedly crashed a million-dollar-plus Enzo Ferrari on Pacific Coast Highway last February will receive two separate trials on charges he faces in the aftermath of the spectacular accident.

Superior Court Judge Craig Veals denied efforts to dismiss all charges against Eriksson last Friday but granted a motion to suppress, separating one of seven felony charges—gun possession by a convicted felon—and earmarking it for its own trial on the Constitutional issues involved. Eriksson, a Swedish national was convicted of counterfeiting in that country in the early 1990s.

After the hearings, Veals set a status conference for Wednesday, Sept. 13. He will assess the readiness of the defense team and try again to set trial dates. Meanwhile Eriksson, 44, remains in men’s central jail without bail, his plight compounded by a hold placed by the federal immigration agency.

The bulk of Eriksson’s legal troubles revolve around three felony counts each of embezzlement and grand theft filed under a California statute that allows the arrest and trial of individuals for crimes outside the state. Deputy District Attorney Tamara Hall is the prosecutor.

The charges are based on alleged violations of lease agreements on three exotic sports cars—the totaled Enzo, a second Enzo and a Mercedes MacLaren SLR—between Eriksson and two United Kingdom banking institutions.

The former executive with Gizmondo, a trouble-riddled European video game company, is charged with illegally bringing the three vehicles valued at close to $4 million into the United States without lessor permission.

His attorneys maintain that this is a “business” dispute, not a criminal endeavor, noting that no charges have been filed in the UK (other than breach of contract paperwork) and there has not been any effort to extradite Eriksson or issuance of an arrest warrant.

In addition, Eriksson faces two crash-related misdemeanor counts of driving under the influence and driving with a blood alcohol level of .08 percent or higher.

Eriksson’s defense team includes high-profile attorneys Jim Parkman, William White and Martin Adams of the Alabama office of the Cochran firm, fresh from a major defense victory on behalf of former HealthSouth CEO Richard Scrushy on three-dozen fraud and money-laundering charges.

The trio are eager to achieve the same success with their first California litigation.

In one of their first face-to-face interviews since taking the case, members of the national firm founded by the late Johnnie Cochran, met with the Malibu Surfside News after the hearing.

The team’s lead attorney, Jim Parkman, said the trio, who were brought on board after several changes of counsel, “are having a horrible time trying to meet with Eriksson.”

He said that Eriksson “is chained to the table” when they meet. “He can’t even move his hands. It is sad to talk to him.” He said Eriksson does not appear to be “doing well” after five months of incarceration.

Parkman said other attorneys see Eriksson in the halls and ask what crime he’s “in for.” When he says “‘auto theft,’ they seem puzzled and say their murder suspect clients aren’t kept as restrained,” adding that civil rights and due process issues will be raised.

Although Judge Veals denied the motions to dismiss all charges, Parkman says he agrees that “the trial will ultimately be based on facts, rather than theory.”

The veteran defense lawyer, whose booming Alabama drawl becomes increasingly animated as he discusses his client, says there are “so many rumors circulating about Eriksson in the world press. He’s been made bigger than life. So much of it is wrong. We will straighten things out.”

Parkman said the case will be a challenge because of its international elements. “We know we’re the underdog. It will take some good lawyering to stay on track.”

In addition to the legal merits of the case, Parkman said, “I like the guy. I just don’t have an answer when he asks why he is in chains.”

BY ANNE SOBLE