Mare Island wine warehouse arsonist looks to withdraw guilty plea

After about four years in jail, Wines Central warehouse arsonist Mark C. Anderson wants to withdraw his guilty plea, and a hearing has been set on the matter, the case's prosecutor said Tuesday.

The hearing on his request is set for May 3 in U.S. District Court in Sacramento.

Anderson's Sacramento-based lawyer Jan Karowsky returned a call for comment Tuesday, but declined to provide any details, citing attorney-client privilege.

Anderson, 62, pleaded guilty Nov. 16, 2009, to 19 charges related to the Mare Island fire that caused more than $200 million in damage and destroyed six million bottles of wine belonging to 92 wineries and dozens of private collectors. Under the plea agreement, prosecutors recommended a 15-year and eight-month sentence.

But in a letter sent from prison in late July Anderson told the judge he was unhappy with the deal and his lawyer. In August, the judge approved advisory counsel to help Anderson decide if he wanted to try to withdraw his plea.

A plea withdrawal, if approved, would likely mean a trial, but approval is not a foregone conclusion, said U.S. attorney Steve Lapham of the Eastern District of California.

"We would be back to where we were before the entry of the plea and we'd gear up for trial," Lapham said. "The key is, he has to furnish the court with a good reason to allow the plea withdrawal and the judge, while stressing he was not prejudging the motion, said Anderson has an uphill fight to convince him."Anderson's final sentencing has been postponed several times as this issue plays out, but Lapham said he's unsure what Anderson thinks he has to gain.

"From my standpoint, he's got nothing to gain and everything to lose," he said. "The probation department is recommending 240 years, so that's what he faces if we go to trial."

A former Sausalito city commissioner, Anderson owned a premium wine storage company called Sausalito Cellars, and stored wines for clients at Mare Island's Wines Central. In February 2005, Marin County prosecutors accused him of embezzling from his clients, saying that instead of storing the wine, Anderson allegedly tried to sell it without his clients' permission for personal gain. At about the same time, Wines Central sent him an eviction notice for not paying rent.

Prosecutors say he started the fire at the 240,000-square-foot warehouse to hide his crime.

The 2005 blaze, which started inside Anderson's enclosed storage space and spread through the warehouse, cost some small wineries their entire stock and shut them down for good. Wines Central never reopened.

The indictment also alleges that Anderson failed to pay $290,623 in federal income taxes between 2001 and 2004, when he earned $808,952.