Mercurio and McLennan remain in custody on $750,000 bail each.
Brian Getz, Mercurio's defense attorney , said in an interview that he is confident in Mercurio's innocence. Despite living in Vacaville now, Mercurio has lived in San Mateo County almost his entire life, according to Getz.
"James Mercurio has a solid record of community service and was a successful executive with the San Francisco 49ers for 30 years," Getz said. "He's never been convicted on any crime. He's a grandfather and a father who lived almost his whole life in San Mateo ... I have every confidence in James Mercurio as a person and as a litigant."