STOCKTON, Calif. — Raising his cuffed hands in the air and smiling, Shakir Khan entered the San Joaquin County Superior Courtroom hoping to be set free.
"We think that he is a good candidate to be released under whatever conditions the court thinks is necessary. I can assure you that based on my discussions with my client he will follow court's direction to a T," said Khan's attorney Allen Sawyer.
Also in the courtroom was an unusually high number of sheriff's deputies and San Joaquin County Sheriff Pat Withrow.
Superior Court Judge Richard Mallett allowed Khan to be released on his own recognizance, but on several conditions — including wearing a GPS ankle tracking device.
Khan, who did not enter a plea, faces fourteen felony charges related to election crimes.
In a lengthy news conference Thursday, the sheriffs office unveiled examples of the alleged crimes in a multi-media presentation. The presentation included examples oh Khan allegedly filing a false declaration of candidacy, three counts of voting or attempting to vote more than once and registering a fictitious person to vote.
"I don't know that some of the assertions that were made at the press conference were not consistent with what the election law is," said Sawyer.
"It's a non-violent crime and we have limited space in our jails right now," said San Joaquin County Sheriff Pat Withrow regarding the impending release of Khan.
The alleged elections crimes are on top of a separate case where Khan faces illegal gambling charges, money laundering, tax evasion and more along with his brother Zakir Khan.
Zakir Khan, along with a number of other supporters from the Pakistani community, were outside of the courthouse on behalf of Shakir Khan.
"We're here to support him. And he is an elected member. And I mean this is we feel is discrimination," said Zakir Khan.
Meantime, Lodi Mayor Mikey Hothi said he drove down to the San Joaquin County Jail himself Thursday and asked for the councilman's resignation and got it.
"I spoke with him about everything that was happening and asked for him to resign and he fortunately agreed," said Hothi.
In fact, Hothi wrote out an impromptu resignation letter at the jail and had himself and Khan sign it.
In part, the letter said the resignation was "effective immediately" and then stamped and dated by the Lodi City Clerk.
"I just told him it's not worth it at this point you know," said Hothi.
But, Khan's attorney Allen Sawyer says what the City of Lodi did was not legal and that Khan legally had the right to have an attorney represent him before he signed anything.
"So let me make it clear he is not resigning. He did not resign and if the city of Lodi attempts to enforce that, I will bring them to federal court for the violations that I think that occurred," said Sawyer.
Sawyer says he expects Shakir Khan to be seated at the next Lodi City Council meeting Tuesday.
It's the same day of his next court appearance.
Khan was released late Friday night.
