Judge Orders Alleged Con Man to Trial, Ups Bail : Courts: She terms ex-used car salesman a 'sociopathic predator' who victimizes women for a living. Defense attorney calls actions 'unheard of.'

Judge Orders Alleged Con Man to Trial, Ups Bail : Courts: She terms ex-used car salesman a ‘sociopathic predator’ who victimizes women for a living. Defense attorney calls actions ‘unheard of.’

By DAVAN MAHARAJ

Dec. 24, 1993 12 AM PT

TIMES STAFF WRITER

LAGUNA NIGUEL — A judge called a former used car salesman a “sociopathic predator” and ordered him to stand trial on charges that he conned single women into emptying their bank accounts by posing as a lawyer and promising to marry them.

Municipal Judge Pamela L. Iles also raised James Robert Borzynski’s bail from $50,000 to $500,000, saying that he was a fugitive from Wisconsin and that she was worried he would run.

“He doesn’t use a gun, he uses his mouth,” Iles said. “In this case, it’s been an equally effective weapon.”

Borzynski’s attorney, Gregory W. Jones, described the judge’s comments and decision to increase his client’s bail as “unheard of judicial action.” He vowed to appeal the ruling.

Jones said the bail was excessive--higher than the amount set for many accused of murder. “It’s my opinion that these women came across as being lonely and emotionally vulnerable and Judge Iles identified totally with them,” Jones said. “That is why she allied herself so strongly with their position. Totally wrongly.

“If it was a woman who smooth-talked a man out of a $50,000 car, I’d have a hard time believing that Judge Iles would place her in custody on $500,000 bail.”

During a preliminary hearing this week, Iles determined there was enough evidence to hold Borzynski for trial on three counts of grand theft involving three local women. His arraignment is set for Jan. 4 in Orange County Superior Court.

If convicted, he will face up to five years and four months in prison.

Borzynski, 45, was arrested in Tiburon on Nov. 4 after four Orange County women and six women from other parts of California alleged that he took a total of about $150,000 from them. One of the Orange County women, however, has since declined to press charges against Borzynski, saying she no longer considers herself a victim.

Borzynski, a former Laguna Niguel resident, has denied any wrongdoing. His attorney acknowledged that Borzynski lied about his identity to the women, but said the women gave his client “loans” in what were “boyfriend/girlfriend” relationships.

But Orange County Sheriff’s Investigator Cliff Deller said Borzynski operated a scheme similar to one in the movie “Dirty Rotten Scoundrels,” in which two professional con artists prey on rich women in the French Riviera.

After moving to Orange County earlier this year, Borzynski began answering personal ads from women seeking companionship. The women said he introduced himself as Robert Hyatt, a widowed Newport Beach lawyer who was in trouble with the Internal Revenue Service.

Prosecutors said Borzynski would have an accomplice call a woman and tell her that Borzynski loved her but was too proud to tell her about his pressing financial problems. Each of the victims shelled out money to help with the “legal problems,” prosecutors said.

Borzynski promised to marry the women and even persuaded them to leave their jobs to be with him, the three women said in court Monday. But then he fled to the Bay Area, authorities said.

Deputy Dist. Atty. Joe D’Agostino said Borzynski had committed numerous white-collar crimes in Wisconsin, where he worked as a used car salesman. He is wanted by authorities there for fleeing the state while on parole in connection with six forgery charges.

Jones said Iles’ colleague, Municipal Judge Ronald J. Kreber, issued the warrant for Borzynski’s arrest and set bail at $50,000 “after weighing the same evidence Iles heard.”

Setting new bail “sends a strange message to the public about judicial discretion,” Jones said. “One of those judges is exercising extremely poor judgment.”

But Iles expressed strong concern that Borzynski would flee if freed on bail.

“The court is extremely concerned about this person being out in the community,” she said, “Because as far as I’m concerned, I haven’t heard one bit of evidence that he has any other source of income or lifestyle other than the solicitation of funds fraudulently from potential victims and this is basically what he does for a living.”

The judge said she was increasing Borzynski’s bail to “to protect the community from its own stupidity.”

She said some of the women had fallen prey to Borzynski with “the belief that love is around the corner, and this guy’s going to make it all right for me.”