REGION: Judge rejects Wilkes' bail proposal

Cunningham co-conspirator remains jailed in San Diego

By TERI FIGUEROA - Staff Writer | Friday, April 18, 2008 5:34 PM PDT ∞

SAN DIEGO ---- A federal judge said Friday that a Poway defense contractor convicted of bribing former Rep. Randy "Duke" Cunningham hasn't raised enough money to get out of jail while he appeals his case.

The contractor, Brent Wilkes, sighed as U.S. District Judge Larry Alan Burns said roughly $400,000 in retirement accounts pledged by family members couldn't be used as part of his bail.

The ruling leaves Wilkes shy of the $1.4 million in collateral he needs to get out of custody.

"We are not even close to that mark," Burns said in refusing to sign an order to free Wilkes from federal custody. "This does not measure up to the conditions I set."

Technically, his bail is $2 million, but Burns said a showing of $1.4 million worth of collateral is enough. Wilkes has not used a bail bondsman, who would charge a percentage of his total bail amount.

Burns said he doubted the government could legally collect the money in the retirement accounts should Wilkes fail to live up to bail conditions.

The judge also said he was concerned about who owns a Chula Vista home Wilkes wanted to use as part of his collateral. With equity of nearly $400,000, that house represents the single highest value item Wilkes wants to use to cover his bail.

The 53-year-old Wilkes has no additional resources to make bail, his attorney told Burns.

"This is really it," Robert Rexrode said. "This is what the family has. They are willing to put everything on the line."

Rexrode said Wilkes and his extended family pledged to put up six homes and three retirement accounts.

Wilkes went into federal custody Feb. 19, to begin serving 12 years for bribery, conspiracy, fraud and wire tapping for his role in the largest congressional corruption case ever uncovered.

Cunningham, a Republican lawmaker who represented North County's 50th Congressional District, is two years into a more than eight-year sentence for tax evasion and accepting bribes.

A one-time jet-setter who treated Cunningham to lavish vacations, Wilkes now says he is broke and is asking the court to appoint public defenders to represent him on appeal.

He's been struggling to raise bail money since a federal court said three weeks ago that he could be released during his appeal. A panel of two justices found Wilkes had raised legal issues so substantial that his conviction might be overturned or his sentence could be reduced.

In rejecting the proposed bail package, Burns said he was not trying to use a back door to keep Wilkes in jail after the 9th Circuit Court of Appeals overruled the judge's earlier decision that Wilkes had to remain jailed while he appeals his conviction.

Burns pointed out the bail now is the same amount it was before his trial last fall.

Wilkes was able to raise the money then, using homes pledged by himself and family members, but property values have since dropped.

Burns said he wants to be sure the government can collect on Wilkes' bail if necessary. He said he doesn't trust that a "stubborn" Wilkes will be able to stick to bail conditions "if it's not consistent with his agenda."

The judge has lambasted Wilkes before, saying he believes the former businessman lied on the stand during his trial.

After the hearing, Wilkes, dressed in a greenish gray jail uniform, smiled at family members as federal marshals escorted him out of the courtroom.

Wilkes' next move is unclear and Rexrode declined to comment after the hearing.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

First name only. Comments including last names, contact addresses, email addresses or phone numbers will be deleted. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.