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DiMatteo pleads not guilty to drug, bribing elected official charges; wife released


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By Kathryn Reed

PLACERVILLE – Gino DiMatteo pleaded not guilty Sept. 4 to the drug and bribery charges levied against him, while the charges against his wife, Irene, were dropped.

He was formally charged with bribery, possession of marijuana for sale, possession of a controlled substance and possession of ammunition. The latter charge has to do with his third-degree felony possession of a handgun conviction from August 1999 in New Jersey that prohibits him from owning or possessing a firearm.

The first count says DiMatteo “did unlawfully give and offer a bribe to a member of the South Lake Tahoe City Council, with intent to corruptly influence said member in his/her action on a matter and subject pending before and which was afterward to be considered by said body of which he/she was a member.”

Gino DiMatteo -- who also goes by Sergio Franco Ottomanelli -- was booked into El Dorado County Jail in Placerville on Aug. 31. Photo/Provided

The alleged bribery of Councilwoman Angela Swanson, according to the complaint that was released Tuesday, took place on or between June 5-13.

June 5 is the date DiMatteo was before the council to seek approval to move his medical marijuana collective, City of Angels II, from Third Street to Lake Tahoe Boulevard. The resolution before the council was to deny that request, but the council wanted to do the opposite. It was thought at the time the 4-1 vote (Councilman Bruce Grego voted no) was to allow DiMatteo to move, while in fact what was approved was to have staff craft a resolution to allow him to move.

That resolution came before the board July 3 and was then voted down 3-2, with Swanson and Mayor Claire Fortier in the minority. The preceding night the local drug task force came out with a report alleging DiMatteo was connected to illegal drug activities, though at that time no charges had been brought against him. This led the majority of the council to deny his move, which in effect put him out of the medical marijuana business.

Swanson has consistently been in support of medical marijuana collectives, so her votes on these two occasions are not inconsistent with prior votes.

Although Swanson is the councilmember named in the bribery, she has not been charged with any crime. No one from the El Dorado County District Attorney’s Office, the lead agency on the case, is disclosing if they intend to press charges against Swanson or if she may be a victim in all of this.

Swanson has told Lake Tahoe News she has done nothing wrong and is cooperating fully with the DA’s office.

However, to complicate matters, James Clinchard, the deputy district attorney prosecuting the DiMatteo case, wrote a letter dated Aug. 12, 2012, to DiMatteo that essentially granted him immunity in the bribery case.

That letter in part says, “The El Dorado County District Attorney’s Office, pursuant to Penal Code 1324, agrees that any future statements or testimony given pursuant to this agreement, and any evidence discovered based solely upon those statements and/or testimony, related solely to the bribery of Angela Swanson in or about June and July 2012, shall not be admissible in any subsequent prosecution of said Gino DiMatteo.”

Nineteen days after that letter was signed DiMatteo was arrested on bribery charges. It is not known why a deal was cut with DiMatteo and then apparently rescinded. Nor is it known if Swanson was unknowingly being used to get to DiMatteo and that is why she has not been charged.

Lake Tahoe News read the entire letter to Swanson on Sept. 4. She said this was the first time she knew about the letter and had no immediate comment.

Clinchard was in court in Placerville on Sept. 4 representing the state. After the hearing he had no comment for Lake Tahoe News.

Dressed in the standard issue orange jumpsuit and hands cuffed with a chain around his waist, DiMatteo let public defender David Cramer do the talking. Cramer asked El Dorado County Superior Court Judge Robert Baysinger to overrule Judge Suzanne Kingsbury’s order from last week that would keep DiMatteo in jail based on suspicion the money he would use to bail himself out would have been obtained illegally.

Clinchard told the judge he wanted a bail study because he does not believe DiMatteo qualifies for a public defender based on the amount of income he has claimed from his pot club.

Cramer voiced his objections to that decision.

A bail hearing is set for Sept. 7 at 1pm.

Ted Long, a South Lake Tahoe attorney and former councilman, said he represented Irene DiMatteo and was able to get the charges against her dropped. He said he plans to file a claim of false arrest and false imprisonment.

Long believes Gino DiMatteo is being set up. He also does not believe Swanson took a bribe.

“I think there is a lot of pettiness going on,” Long said.

Long was at Push Fitness, the athletic club DiMatteo bought after giving up the medical marijuana business, when DiMatteo was arrested Aug. 31. Long said he has been a business consultant to DiMatteo and helped facilitate the purchase of the health club.

“I was physically restrained from talking to my client. They threatened me with arrest,” Long told Lake Tahoe News. Long said how friends in the DA’s office are treating him makes him “suspicious” about the charges against DiMatteo.

 

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Comments

Comments (37)
  1. Jonathan Moore says - Posted: September 4, 2012

    I can’t wait to read next years Grand Jury report about this mess.

  2. Steve Kubby says - Posted: September 5, 2012

    I am increasingly suspicious about this investigation, because we see tactics being deployed that are normally associated with flawed investigations and flimsy evidence. Such tactics include stacking charges and pressuring everyone involved in the hope that someone will crack and provide the evidence that the investigators and prosecutors lack.
    The dismissal of all charges against DiMatteo’s wife shows just what i was talking about regarding the use of special tactics to squeeze defendants. Arrest the wife, regardless of lack of evidence and use that to pressure the husband to plead guilty.
    Now we find that a letter of immunity was apparently signed, but then retracted. While DiMatteo may not win any popularity contests, that does not justify the use of unethical and perhaps illegal tactics to take him down.
    Dimatteo may be guilty as sin, but we expect our Sheriff and District Attorney’s Office to play by the rules and make their case without resorting to threats, deception and intimidation.

  3. Bob says - Posted: September 5, 2012

    I wouldn’t put any credence into what the Grand Jury has to say. Van Asten and others have their own agenda and not that of the public.

  4. SLT Voter says - Posted: September 5, 2012

    I wonder when our public officials are going to start working for us and not for their own political agendas! Actions speak louder than words! From what I have seen, Gino has done more for this community than most of these clowns have since they began working. The people of this community are strong and it’s time for us to use our voice. Please don’t just be idle, we need to send a message urging them to actually do something for this community that matters and not just harass the members of this community that actually care! Stay strong Gino, you have our support!

  5. snitch says - Posted: September 5, 2012

    geno is a snitch he works with the feds and sled net in lake tahoe. hmm he must have not paid someone off. this guy is scum trust me. more to come

  6. nature bats last says - Posted: September 5, 2012

    Ted Long is a liar too. DiMatto better make sure Long has a current attorneys liscense as he has lied about that in his recient past. The whole thing stinks but I am soooo glad that the pot shop on 3rd street is closed. Now if the poeple on my street who are growing would leave town, ah, a perfect world….

  7. JeremyTahoe says - Posted: September 5, 2012

    Gino is a great guy, he does everything he can for the community and all of these “allegations” shouldn’t stick. For people that do not know him shouldn’t judge unless they have proof… Otherwise you are no better than these politicians and “cops” that run our town. I say we take it back by removing the dirt with a flood of educated votes.

  8. john says - Posted: September 5, 2012

    Gino is a snitch. He gave me contracts to grow. When I didnt go along with his maffia tactics he turned me in and denied that the grows for his collective. Furthermore I have watched him prepare packages of prop. 215 mmj for shipment back east. Additionally when I filed a valid complaint against a particular slednet agent, the agent and his colleagues tried to use Gino to intimidate me from following through with the complaint. He made the mistake of telling me that he knew these agents personally and there was an ongoing financial relationship that I would interfere with. I filed the complaint and the agent has been removed from the force following an investigation. Gino is a two faced maffia type that sets others up around him to stay on top. I know he a hatred for hard drugs so Im guessing its gonna be steroids. Gino should not be trusted. He has helped me alot BUT it was all in his plan to make me feel indebted to him. All the “nice” things he does for people and the community is a huge front to whats really going on. They come with strings attatched and are designed for creating a positive image in the public eye. Last thought, why does he have an alias of Gino Dimatteo when his real name is Sergio Ottomanelli?? Who or what is he hiding from?
    N how could the feds be so blind as to let Sergio launder so much of his “non profit” money through places like his little gold shop. Why did that close with city of angels?

  9. Ted Long says - Posted: September 5, 2012

    Boy you can say anything here can’t you? To Nature bats last stop lying my attorneys’ license is and always has been valid. I can only say that I handled the sale of Push for the former owners and Gino was not only a gentleman, but met all deadlines and demonstrated the highest integrity. I was present during his arrest and I have never seen such an abuse of rights and out basic constitutional rights as I saw in this case. If here is a case, and I doubt it, it will be thrown out on violations of Gino’s rights. I suggest to all those with comments, that you meet the men first, you will be pleasantly surprised.

  10. 4-mer-usmc says - Posted: September 5, 2012

    The majority of comments on this stream are laughable. This appears to be a debate of the daft.

  11. Hmmm.... says - Posted: September 5, 2012

    http://members.calbar.ca.gov/fal/Member/Detail/42952

    Ted, your license has not always been good…

    8/12/1996 Not Eligible To Practice Law  

    9/16/2003 Admin Inactive/MCLE noncompliance Not Eligible To Practice Law 

    8/12/1996 Suspended, failed to pay Bar membr. fees Not Eligible To Practice Law 

    There’s a possibility there’s truth to what nature bats last says

  12. MtnChick says - Posted: September 6, 2012

    We all know the city & this so-called innocent Di Matteo douche are thugs. Get over it. Stop making these news reports! This is not news. This is garbage!

  13. MtnChick says - Posted: September 6, 2012

    And for a Lawyer to come & comment…who are you? You already said to much makes sense why you SHOULD NOT BE A PRACTICING LAWYER! Very unprofessional on your part.

  14. Parker says - Posted: September 6, 2012

    Have no idea of Mr. DiMatteo’s guilt or innocence, or Ms. Swanson’s for that matter. (Though I do hear the authorities are treating Ms. Swanson’s matter quite seriously!)

    But one thing in Mr. DiMatteo’s & Ms. Swanson’s favor-There is so much corruption in this town that is not dealt with, they can easily make the argument that this is a case of very selective enforcement!

  15. Alex Campbell says - Posted: September 6, 2012

    Hmmm > Comment September 5,2012 at 9:13pm
    In response to the Ted long
    Comment September 5,2012 at 5:10pm

    Ted your up next !!!!!

  16. Justin Blabbber says - Posted: September 6, 2012

    I feel like I am living inside that Patrick Swayze movie “Road House”. Right down to the redneckie crooked city officials.

    Is there like someone we can report our city officials to? Romer? Whose in charge of this region? Hello, Can I speak to a manager?!

    PS I voted for Kubby so none of this stupid stuff would continue to happen.

  17. joe says - Posted: September 6, 2012

    Hey anybody got 50k? I plan to hold a rave.sell,lots of x.i mean,snoglobe festival.afestivus for all. God bless cash money.

  18. nature bats last says - Posted: September 6, 2012

    Thank you Hmmmmm for providing the evidence to back up my comments about Ted Long. I had that info. somewhere. It seems that Ted is still a liar…..

  19. Amen John. says - Posted: September 6, 2012

    That short fat thug did me to

  20. TJ says - Posted: September 7, 2012

    I think it is in human nature to tear down what is good. I am truly impressed with Gino’s ability to inspire people for greatness. Greatness requires the courage to press into trials with no fear of failure, and to have faith that you are destined to a calling. I think Gino has no obligation to help anyone, but he has and still continues to do so. I saw him on a daily basis helping people. He has taught me to overcome my trials, but I had to stop and listen with humility. I think entitlement is a disease in our society. We are never entitled to things, but we should take full responsibility for our lives and thank those who have helped us along the way. Never assume someones intentions because 99% of those assumptions are wrong.

  21. Amen John. says - Posted: September 7, 2012

    @tj what did he let u spin the wheel and give u a free gram. That he got for free as an sample. I worked at city of angels, and many times made the comment how easy it is to entertain dumb stoners, I to seem the packages be rapped for shipping. How else could he brag about bring down the price of marijuana in northern cali, do u really believe he did that by selling to Tahoe, if u do ur one of the dumb stoners he often mocked in his back office need to his money counting machine. I heard the threats to John , I was there when twice a week 40 to 60 thousand dollars would come in from chicago and new York, and I seen geno hand that long haired federal slednet money and I know geno was working with slednet to rob, real medical marijuana patients. Geno never smoked and neither did his longhair brother in law. In fact he never had California ID, so how did he manage the city of angels. They abused prop 215 and all those around them, ps the fed need to check for the money he lounderd the business he opened in Italy, where im sure he will run, if he makes bail. He told me that why he bought his 200,000 dollar mecadies

  22. Justin Blabber says - Posted: September 7, 2012

    Amen John. Great spelling, did you go to South Lake Tahoe High School?

  23. john says - Posted: September 7, 2012

    Funny how you care about the spelling and not the truth. The details to the truth never change and always line up.

  24. Amen john says - Posted: September 7, 2012

    Mercedes, dam smart phones, sometime aren’t so smart, and u already knew I went to school here,Justin blabber, what u have a problem with locals, cause u Moma don’t

  25. old long skiis says - Posted: September 7, 2012

    Justin Blabber. Don’t you be makin’ fun of mine old skool. I gradiated frum their and I can reed and right just phine.
    Tak Kare, Ahld Lone Ski. p.s.(sorry, couldn’t help myself!…lol)

  26. 4-mer-usmc says - Posted: September 7, 2012

    Long Skiis–

    That was funny! Thanks for the laugh–there can never be enough of those.

  27. GIno is definetly a snitch says - Posted: September 7, 2012

    Gino is definetly a snitch. He was working with the DA and they turned around and arrested him. he wasnt truthfull with them so they took away their agreement. I hope everyone in this case is charged with max penalties. And anyone who knows Ted Long knows that he is a joke and most definetly a liar. Only and idiot would do any bussiness with Gino. He has done nothing but use this town for his own good.

  28. john says - Posted: September 8, 2012

    Hey Gino! Remember when you set me up!? Tried to take my home out from under me, tried to take my businesses from me. Tried to get me to be your personal grower. All in the wake of the arrest that you orchestrated with slednet. Dont think I dont know? Well Im still standing tall! Oh yeah n what about all the grow equipment and 5ton a/c that dissappered the afternoon that I was arrested. When NOBODY knew I was in cuffs and NOBODY new about the a/c. Exept you Gino. I could keep going…

  29. Not a Gino fan says - Posted: September 10, 2012

    Gino is a thief, dirtbag, wannabe gangster. After knowing him for only five minutes, he started telling me he used to do armed robberies, and how he knows the Gotti’s. This guy is what me and my friends call, a “fake tuff guy”. He for sure was sending pot back east, he bragged about that too. The Feds should look into everyone he did business with. I know he paid for everything in cash. Let’s see the whole lot locked up. How many of you heard him tell the story, of how he watched the Twin Towers fall, from a jail cell?
    He had thousands of plants behind the counter of his dispensary. Way more than federal law allows. Round up the whole lot, and lock them up!

  30. Aaron says - Posted: September 11, 2012

    Steve,

    had this been about any other crime not involving marijuana, I doubt you would have little interest in it.

    The guy is slime. End of story.

  31. Aaron says - Posted: September 11, 2012

    It’s so easy to point fingers and make accusations that the investigation is trumped up or that the evidence in flimsy. Gee, where have I heard that one before? I believe it was regarding a pedophile and whaddya know, the investigation and evidence proved the dude was actually a child predator. But who got the blame to shift the attention away from the realities? The Feds.

    No Fed or local investigator is going to put their credibility on the line and jeopardize their career for this scumbag.

    I suspect that as this investigation continues, we will continue to hear that he was involved in all sorts of other criminal activity. I certainly am enjoying it thus far. I also hope those who conspired with him come crashing down too. I’m patiently waiting.

    As for Ms. Swanson, I wouldn’t jump on her band wagon just yet. Even the most seemingly honest and credible people in this town have been unveiled. Let the investigation process play out before assuming innocence or guilt.

  32. Alex Campbell says - Posted: September 11, 2012

    HMMMMM
    So!!!! WHERRES Teddies apology ???

  33. Not a Gino fan says - Posted: September 11, 2012

    I live down the street from Gino. I know he recently had a garage built next to his house. I saw a deep pit, before the framing began. I wonder what’s down there? Also, I wonder if he paid his contractor in cash, like he did everything else. (isn’t that how he made that donation?) I hope all the illegal activities involving this man are brought out in the open, it will be interesting to see who all fell for his BS.

  34. Aaron says - Posted: September 11, 2012

    I bethca Dave is in there.

  35. Amen John. says - Posted: September 14, 2012

    Now that Geno has been on the news, there will be more of his kind coming into are community, looking for the bounty on his head. For his coroperation with bringing down Many crime families, that would come to genos restraunt in new jersey in 2000. He placed the families at tables that he allowed the Feds to place wires under, to get out of his own involment, slednet should be shaking in there boots, cause we all know there involvement with robbing Patients here in northern Cali