Billionaire Boy on lam again

Defense motion

Earlier this year, Eslaminia forfeited a different $25,000 bail bond after failing to appear to a number of scheduled court hearings. At his last pre-trial conference two weeks ago, Eslaminia once again didn't show. Rather than issue a warrant, Hall refused to entertain a defense motion to dismiss one charge and ordered Eslaminia's jury trial date upheld. Defense attorney Bill Johnston wants Hall to dismiss a misdemeanor driving charge that would leave his client eligible for Proposition 36 treatment. As it is now, another conviction could hand Eslaminia a third strike and a mandatory 25 years to life prison sentence.

Chief Deputy District Attorney Steve Wagstaffe said prosecutors are more likely to seek a second strike which carries about six years in prison.

Eslaminia missed his appearance because, Johnston said, "transportation tends to be a problem" and he could not make it to the Redwood City courthouse in time.

In the nearly three years since his arrest, Eslaminia has arrived at "dozens of appearance" without a problem, Johnston said.

Johnston spoke with Eslaminia late Monday morning and hopes to schedule a time this week for his client to surrender. While he's hopeful the court will simply reset his jury trial date, Johnston said it would be naive to expect the court to lower bail or allow him to be free on his own recognizance.

Eslaminia - infamously known as a former Billionaire Boys Club member eventually freed in the 1984 murder of his father - was arrested July 31, 2002 after police reported finding cocaine, heroin and a hypodermic syringe in his possession during a traffic stop. He was driving on a suspended license when he was arrested and has two attempted burglary convictions from 1981.

The misdemeanor charge on the suspension will keep Eslaminia from being Proposition 36 eligible unless a judge or the prosecution asks for its dismissal.

"For a relatively minor traffic violation, it doesn't seem logical. He would otherwise be eligible if he was not driving," Johnston said.

Wagstaffe disagrees.

"A man with his history is not designed for Prop. 36 treatment," he said.

Since his arrest, Eslaminia's trial has been continually delayed for myriad reasons, including the appointment of his prior defense attorney Cliff Cretan to the bench. After he was yanked back into custody last time, Eslaminia did not have the funds to post a new $100,000 bail bond. He stayed at the county jail briefly before paying the new amount.

Seventeen years have passed since he was convicted in the death of Hedayat Eslaminia, a 56-year-old former Iranian Cabinet member who fled to the United States reportedly with $30 million. The elder Eslaminia was kidnapped from his Belmont apartment in 1984 and suffocated in a steamer trunk while being driven to Southern California. Eslaminia was one of five men - collectively labeled "The Billionaire Boys Club" - charged in the alleged extortion and murder scheme. He was convicted but the ruling was ultimately reversed in federal court and later dismissed in 1998.

'Timely fashion'

Eslaminia served roughly a decade in custody until the reversal, which "probably colors his ability to function in terms of fulfilling responsibility in a timely fashion" such as meeting court hearings, Johnston said.

His past also left Eslaminia scared of incarceration although that is not necessarily the reason behind his absences.

"He is very much afraid of jail or prison, as many people are, but maybe more so for him," Johnston staid.

The prior case - although legally defined as never having happened - also brings his client publicity and may influence judicial opinion, Johnston said.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.