Defendant Charles Stewart’s attorney has filed a motion seeking the Justice Court to compel the District Attorney to use the best original version of any audio tapes of defendant statements when presenting audio evidence at a preliminary hearing or before the Clark County Grand Jury. In his motion, Robert G. Lucherini asks the court to order the District Attorney to prove an audio tape created by witness Thomas Riccio is authentic and an original copy of the audio gathered before, during and after the events that unfolded September 13, 2007 at the Palace Station Hotel.
Lucherini suggests in the motion that the District Attorney will be unable to produce an accurate copy of the tape, suggesting instead that the tape has been altered or edited.
Arguments on the motion have been scheduled for 7:30 a.m. September 28 (Friday) in Justice Court Department 9.
