Suspect in $300,000 gem theft in Novato may be released

Kaushal Niroula

Kaushal Niroula, 27, was supposed to have his preliminary hearing
Wednesday, a proceeding that allows a judge to determine whether there
is enough evidence to justify a trial, but prosecutors have been unable
to find some key witnesses to serve subpoenas.

Also, a lead investigator in the case is on his honeymoon and was unavailable to testify.

Since Niroula is entitled to have a preliminary hearing in a timely
fashion, Judge Kelly Simmons told the district attorney's office she
would either order Niroula's release from jail pending further
hearings, or dismiss the case. Deputy District Attorney Dori Ahana said
the case should not be dismissed, so Simmons granted Niroula release on
his own recognizance.

But whether he actually gets out of jail remains up in the air, because
he is also being held on an arrest warrant in a San Francisco case
where is accused of stealing more than $450,000 from an associate and
spending it on a gambling trip to Las Vegas.

In addition, Niroula, a citizen of Nepal, is being detained on a
federal immigration hold. A former international exchange student in
San Francisco, Niroula said he is seeking political asylum because of
his close ties to the deposed royal family of Nepal.

After Simmons' ruling Wednesday, Niroula'sdefense
attorney, Robert Amparan, said he expects Niroula to be out of custody
within days. Amparan said Niroula is not a flight risk and that his
passport has expired.

Niroula is accused of stealing jewelry from the bedroom of InaMae
Valentino, a 78-year-old Novato woman, because he knew he was going to
be arrested in the San Francisco theft case and would need bail money.
Niroula was a friend of Valentino's 54-year-old son, Stephen, and
occasionally stayed in the Valentino home.

Niroula has pleaded not guilty to charges of theft and embezzlement of
an elder or dependent adult. He faces up to five years in prison, and
possible deportation.