Last updated 11 months ago 
SACRAMENTO, CA - A Sacramento County sheriff's lieutenant and former Elk Grove city councilman has been arrested on felony grand theft and forgery charges.
Criminal complaint, Arrest warrant
Michael Patrick Leary, 49, was booked in the Sacramento County Jail on Friday morning and released within minutes on $15,000 bail. Leary's most recent position was as jail watch commander.
The criminal charges stem from Leary's ownership of a home at 3301 Marina Grove Circle in Elk Grove and what neighbors described as a breakup with a former girlfriend, Alyc Maselli.
Property records show Leary bought the house as an investment in August 2005 for $610,000. Five months later Leary added Maselli's name to the deed. According to an arrest warrant filed by the Sacramento County Sheriff's Department, Leary avoided adding Maselli's name at the time he purchased the property because of potential tax implications.
According to the warrant, Leary signed a grant deed naming Maselli as a joint tenant with an equal share of the property, but then recorded a second deed giving her just a 10 percent ownership stake.
Property deed with handwritten notations
Neighbors say Maselli moved into the house with her two sons from a previous relationship and that Leary never lived there with her. According to the arrest warrant, Maselli alone made the mortgage payments and split the property tax payments with Leary.
In July 2008, Maselli's name came off the deed and Leary became the sole owner. Neighbors said the timing roughly coincided with the couple's breakup. The arrest warrant said Maselli had missed some mortgage payments.
In December 2008, Leary filed an unlawful detainer action against his former girlfriend, according to court records.
Neighbors said Maselli was unaware she no longer had an ownership interest in the house until she was evicted.
The current tenant told News10 he's a friend of Leary's and helped him clean up the house before moving in in February. Tim Willett expressed concerned about what will happen to his rental agreement with ownership of the home is in dispute.
News10 tried to contact Maselli at her workplace and was told she had no interest in discussing the incident.
Leary's attorney, Bill Portanova, told News10 his client had no fraudulent intent when he recorded the altered deed. Portanova said Leary was simply attempting to have property records accurately reflect his understanding of the partnership.
"He honestly thought that what he did wasn't wrong," Portanova said.
Leary, a 27-year veteran of the department, has been put on paid administrative leave. Sheriff John McGinness said an internal affairs investigation will determine Leary's future employment regardless of the outcome of the criminal proceedings.
by George Warren, GWarren@news10.net
News10/KXTV
