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Wednesday, November 01, 2006

Ferrari Case Slated to Go to the Jury

• Wrangling Over Exhibit Admissibility Creates Delay

BY ANNE SOBLE

The jury in the first of two Superior Court trials for the Swedish businessman and racing car enthusiast who allegedly smashed up a million-dollar-plus Enzo Ferrari on Pacific Coast Highway in February, is expected to receive instructions and begin deliberating late Wednesday on four charges of embezzlement and grand theft against the former executive of the now-bankrupt Gizmondo video game company.

Similar charges against Stefan Eriksson, 44, related to the totalled Enzo were dropped when its lessor declined to participate in the case, but the allegations on leases for a second Enzo and a Mercedes McLaren SLR were addressed by witnesses from the two British financial institutions that hold the title on those two vehicles, which have since been returned to them.

Other witnesses included a customs broker, who addressed the complicated procedures Eriksson had to follow to bring the mini-fleet of super cars into the country, and a homeland security officer.

Judge Patricia Schnegg’s prohibition on cameras and audio equipment in the courtroom has resulted in limited media coverage of the week-and-a-half long trial, satisfying her concern that the international media frenzy that accompanied the February crash not create a similar trial spectacle and influence the jurors.

The decision not to provide daily trial transcripts, or dailies, further served to minimize media spotlighting of witnesses’ testimony and courtroom exhibits.

Predictions last week that the trial would wrap in less time than first forecast by both the prosecution and the defense fell by the wayside as the fine print of documents absorbed presentation time and arguments over exhibits became virtual cases of tug-of-war.

A pair of misdemeanor DUI charges against Eriksson from the spectacular crash were resolved with a no contest plea before the first trial began two weeks ago.

The District Attorney’s office indicates that it expects the second Eriksson trial on felony gun possession to begin as soon as the verdict is in from the first trial, but this may be subject to change.

This charge stems from a handgun found during a search of Eriksson’s Bel-Air residence. As a convicted felon who served prison time in Sweden, Eriksson is precluded from possessing firearms in the United States.

In yet another legal wrangle, Eriksson faces hit-and-run charges filed in municipal court by the Los Angeles City Attorney's office, involving an incident that took place Jan. 4, in which Eriksson, driving a Porsche Cayenne, allegedly rear-ended a Ford Explorer, and left the scene of the accident. It’s also contended that he did not have a valid California driver license and was uninsured.

City prosecutors maintain that Eriksson refused to give his ID to the other driver after the collision, got back in the vehicle and then drove way. Eriksson was not the owner of the Porsche, but police were reportedly able to trace the vehicle to him, according to the city attorney’s office.

Eriksson has been jailed since his May arrest. Bail was set at $3 million, but the U.S. Immigration and Naturalization Agency has placed a hold on his release while it investigates possible irregularities when he entered the country last year, thereby precluding the posting of bail.

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