Clay Rosas, a five year veteran of the Santa Clara Police Department (and San Jose before that) is being held without bail for handing over confidential criminal and DMV records to a member of the Santa Cruz chapter of the Hell's Angels. Specifically, Rosas is being charged in state court for furnishing confidential information, fraud and conspiracy. Also included in the indictment are Billy Bettencourt of the Hell's Angels and Vivian Rodriguez.
However, Rosas is now being charged in Federal court for the same crimes. Federal court is a separate jurisdiction and is not bound by the rules of double jeopardy should Rosas be cleared in state court. Rosas has two criminal defense attorneys working up each case respectively, which in Federal court may bring 20 years in the Federal penitentiary and/or a three year term in state prison. Federal authorities have added other charges such as fraud committed by a peace officer.
It is alleged that Rosas' motive was simple: money. According to the indictment Bettencourt gave an undisclosed amount of cash in the form of a loan. Rosas then supplied Bettencourt with confidential information and would receive an "extension" on that loan. It has not been disclosed why Bettencourt wanted the information or who he was interested in.
Bettencourt is looking at a life term because he is subject to California's Three Strike Laws. For Rosas, it is unlikely that he will face the maximum of 20 years because of his otherwise exemplary record. He was a police officer in both San Jose and Santa Clara and is a former Marine Sergeant who served in Iraq. He is more likely to get the mid-term of ten years. Truth be told: the Feds don't play games.
If you have been charged with a crime you need legal representation. Call the Law Offices of Erik Steven Johnson for a free consultation. Know Your Rights!