Court Briefs

An office manager who stole $589,000 from a Redwood City biotechnology company working on a cancer drug was given an extra month to repay the money before a judge sentences her for the embezzlement.

The criminal sentencing delay has not stopped Genitope Corporation from filing a civil suit against former employee Christina Vargas. The time may increase the amount of money it ever recoups from her, though.

Vargas, 29, pleaded no contest June 22 to three felonies and admitted the special allegation the amount exceeded $500,000 on the condition she spend no more than seven years in state prison. If convicted by a jury, she faced more than 10 years in prison.

Thirteen other counts of embezzlement were also dismissed as part of the plea bargain.

Vargas was scheduled to be sentenced yesterday but Judge Craig Parsons delayed the hearing until Oct. 4. The extra time is to allow Vargas another opportunity to work out a re-payment plan. She told the company she is currently able to raise about $30,000.

Vargas worked for Genitope from Oct. 17, 2001 until September 2003. Genitope develops immunotherapies for the treatment of cancer. She reportedly began embezzling the money two days after she was hired and continued until the thefts were discovered. Vargas took the money by writing checks to herself and using company credit cards, according to the District Attorney's Office.

The company discovered the thefts during an audit prior to FDA approval for a new drug.

Genitope has filed a civil suit against Vargas, according to prosecutors. Vargas has been free on a $700,000 property bond.

No deal for

Ecstasy dealer

Prosecutors are not offering any deal to the 20-year-old Belmont man accused of providing Ecstasy to a trio of junior high girls in April, killing one of them.

Instead, Antonio Rivera, Jr. will begin trial Nov. 15 on charges of drug possession, child endangerment, giving drugs to a minor and providing drugs to a minor to sell. If convicted, he faces up to two decades in prison.

Three other people arrested following the death of Irma Perez, 14, already pleaded no contest to a range of child endangerment and conspiracy charges. A fourth, Calin Fintzi, 17, is waiting to learn if he'll be tried as an adult. He is also charged with involuntary manslaughter.

Rivera reportedly gave the drugs to Fintzi who in turn sold it to the three girls. Rivera is also charged in a drug sale unrelated to Perez's April 23 death.

The girls took the drug at a slumber party but only Perez had a severe reaction. She slipped into unconsciousness and was declared brain dead shortly after medical help arrived the next morning.

Rivera remains in custody at San Mateo County Jail in lieu of $2 million bail.

Rape suspect starts trial next week

A 19-year-old man accused of raping an intoxicated girl in a bathroom at a Redwood City house party last year agreed to start trial next Monday.

Mark Bayani has pleaded not guilty to rape and oral copulation of a 17-year-old girl at the Aug. 15, 2003 party.

The victim went to the party with a friend and drank heavily. Everyone at the party was aware the girl was very drunk, prosecutors said. Bayani allegedly took her into the bathroom and had both intercourse and oral copulation with the intoxicated girl. The party host reported walking into the bathroom and finding Bayani on top of the semi-conscious victim.

Bayani claims there was no sexual activity occurring between the two, consensual or otherwise, prosecutors said.

Bayani is out of custody on a $150,000 bail bond.