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Lawyers Claim Stockton Mayor Wasn't Part Of Strip Poker Game

STOCKTON (CBS13) — Lawyers for Stockton Mayor Anthony Silva tell CBS13 his arrest was politically motivated and meant to tear him down in an election year.

"Ultimately what really the goal was; was to paint him as a bad person and the only way they [FBI and Amador County District Attorney] can do that is by illegally distorting evidence so we can charge him with minor crimes so we can talk about his lapse in judgment," said Allen Sawyer, one of two attorney's representing Anthony Silva.

RELATED: Stockton Mayor's Lawyers Release Recording Of Alleged Strip Poker Game On Eve Of Court Date

Silva is charged with illegally recording a confidential communication at a strip poker game and providing alcohol to people under the age of 21, including one minor. According to the affidavit, the alleged crimes happened at a summer camp hosted by Mayor Silva in Amador County in 2015.

Silva was arrested earlier this month while at the Stockton Family Camp site in Silver Lake. At the center of the investigation is an audio recording and pictures seized from Silva's phone.

Sawyer and Mark Reichel, Silva's other attorney, released the recording and pictures to CBS13. The reason, they say because the Amador County District Attorney has already made the case public.

"The media and the public has a right to hear his version. Not his version, but the actual facts," said Sawyer.

"I'm done with these [expletive] drinking bets," said an unidentified female voice on the recording.
"Yea, she didn't win those too good," said a voice identified in court documents as Mayor Silva.

The recording was seized by federal agents off Stockton Mayor Anthony Silva's phone. Authorities say it did not pick up video because the phone was put down right after the recording began, darkening the lens

Unidentified Male: "Did you take a picture? Oh you're trying to record."

Unidentified Female: "You better not."

Unidentified Male: "Seriously."

Unidentified Female: "I didn't sign nothing to be recorded."

Silva's attorneys say everyone heard in the recording are camp counselors playing a game "possibly of strip poker." They say the fact that it was recorded is accidental.

Unidentified Male: "I want to be paid.".

Unidentified Male: "Paid to be sitting here butt naked? what?"

Unidentified Female: "If I'm going to be naked in a video."

Silva supposedly responds: "Listen – it's like uh - It's an amateur thing for Vegas, you have to turn it in, you know". Several voices say "no."

The Amador County District Attorney and the FBI interpret things differently than Sawyer and Reichel. They allege a 16-year-old was in the room, that Silva was involved in the game of strip poker, and tried to record the group without their knowledge.

Silva later in the recording: "I think the game is really over."

Unidentified Female: "That's still -"

Silva: "Is it really?"

Unidentified Female: "No."

Silva: "Once you're all naked, nobody"

Unidentified Female: "No."

Unidentified Male: "Silva, Silva"

Silva: "How-how are you going to [unintelligible]."

Unidentified Female: "How about, until your naked."

Unidentified Male: "Not until you get naked."

Unidentified Female: "Alright let's start over,"

Silva: "I have clothes."

Sawyer and Reichel insist no minors were present. They say witnesses they've spoke with back up their claims.

If that's the case, was this poor judgement by the mayor?

"As a criminal defense attorney, we have never, ever even thought or considered or contemplated charging someone with a crime for bad judgment," said Reichel, "because one person's judgment could be good and another person's could be considered bad."

Silva is also charged with providing alcohol for the counselors, said to be underage. Authorities say pictures on Silva's phone show what appears to be a game of beer pong. Silva's attorneys say there are also other adults present. Statements from witnesses to investigators make it clear alcohol was there. One person says Silva told her that he brought the booze.

"Show me in the photo anywhere where they're holding a cup in their hand near their lips," said Sawyer.

Silva's legal team believes evidence is being distorted to smear Silva in an attempt to remove him as Mayor.

"This is the most bias, the most outrageous investigation I've ever heard of," said Reichel.

The Amador County District Attorney, Todd Riebe, released a statement that reads in part, ""We continue to believe in the strength of our evidence. We also believe that the appropriate place for that evidence to be heard is in the courtroom."

Silva is scheduled to appear in Amador County Superior Court on Thursday.

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