Shirakawa case: Former Councilman Xavier Campos could get immunity to testify

SAN JOSE -- The Santa Clara County District Attorney's Office signaled Monday it is willing to give immunity to a former San Jose city councilman to testify against former Supervisor George Shirakawa Jr. in his upcoming corruption trial.

Shirakawa faces felony criminal charges that he was behind a fraudulent 2010 campaign mailer designed to benefit Xavier Campos, his buddy and political ally who was running for a council seat. Campos has repeatedly invoked his Fifth Amendment constitutional right against self-incrimination in Shirakawa's case, refusing to answer any questions before the grand jury, even what he does for a living.

Even with immunity from prosecution, Campos could still refuse to testify. But if he does, Superior Court Judge Ron Del Pozzo could hold him in contempt of court and put him in jail for the duration of the two- to four-week trial.

The prosecution's willingness to offer immunity surfaced Monday in court after Campos' attorney, Gregory Ward, moved to block a prosecution subpoena for his client's testimony, saying Campos would once again invoke the Fifth.

Prosecutor John Chase argued that Campos has no grounds to invoke the privilege because he is not in danger of being charged in connection with the mailer. The statute of limitations has run out on local prosecutors filing charges against Campos under state law, and federal prosecutors who have until May to file under a federal statute have said they won't pursue a case.

The vicious campaign piece mailed to Vietnamese American voters in the June 2010 primary painted opposing candidate Magdalena Carrasco as a communist and probably cost her the San Jose City Council District 5 seat won that fall by Campos. Last year, Carrasco defeated Campos in his bid for re-election.

Chase argued in a brief filed Monday that the judge should compel Campos to testify. But if Del Pozzo declines, then the prosecution under the immunity offer will not use the Campos' own testimony or any evidence derived from the testimony against him.

"If the Fifth is invoked, we are prepared to grant use immunity," Chase said Monday in court.

"I appreciate the heads-up on that, as the chess match continues," the judge said dryly, referring to the highly strategic legal battle which Monday alone generated a five-inch stack of briefs.

Ward, Campos' lawyer, declined to comment.

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Shirakawa case: Former Councilman Xavier Campos could get immunity to testify