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In an effort to better serve its customers, Las Vegas Justice Court now offers legal counsel the opportunity to notify the Court by e-mail when counsel has been retained in a criminal case. This does not apply to traffic cases. For convenience, a Notice of Confirmation of Counsel form has been uploaded to the website, http://www.ClarkCountyCourts.us/lvjc/court-forms.html and can be found under Criminal Forms.

The form may be completed online and e-mailed to: CounselConfirmationLVJC@clarkcountycourts.us. This will ensure that all e-mails are sent to one address. Once a Notice of Confirmation of Counsel is received, it will become part of the Court’s file. Counsel will be notified when a Criminal Complaint is filed and the case is calendared.

Counsel in criminal cases may still notify Las Vegas Justice Court of Confirmation of Counsel by U.S. Mail at the following address:
• ATTN: Counsel Confirmation, Las Vegas Justice Court, 200 Lewis Ave., Box 552511, Las Vegas NV 89155-2511
• or by Fax to: (702) 671-3183

Should you have any questions, you may contact Joann Patterson, Criminal Legal Office Supervisor at (702) 671-3225.

Attorneys for O.J. Simpson, Charles Ehrlich and Clarence Stewart argued today before District Court Judge Jackie Glass that charges of kidnapping and robbery should be dismissed, while prosecutors outlined why the charges should remain.

In the end, Judge Glass ruled there is enough evidence to present the facts of the alleged kidnapping and robbery to a jury. Therefore, the judge denied Mr. Simpson’s writ requesting that the charges of kidnapping and robbery be dismissed.

In addition, Judge Glass determined that charges levied against Defendants Ehrlich and Stewart will remain.

The defendants face a total of 12 counts including conspiracy, kidnapping and robbery. The charges detail an alleged kidnapping and robbery Sept. 13, 2007 of two memorablia dealers at the Palace Station Hotel in Las Vegas.

Regarding Ehrlich and Stewart’s motions to sever the trial and provide the defendants a seperate trial date, Judge Glass determined that concerns about prejudice and antagonistic defenses do not outweigh the need for the alleged co-conspirators to be tried together and she denied the motions.

Also today the judge found that the case requires more time to prepare evidence and provide discovery to the defendants requiring the trial to be continued to September 8, 2008.

“It was a quick setting from the date of the preliminary hearing and I anticipated we would be ready to go. I told you then that I would not continue this again,” said Judge Glass. However, the judge added that the need to provide more time to process evidence required the change. The judge then set status check dates leading up to the September trial date to ensure all discovery is provided and to prevent the court from having to continue the trial again. The first status check was scheduled for April 10, 2008.

The judge set aside six weeks for the trial.

Judge Douglas Herndon denied two motions this afternoon filed by the defense in State v. Mack clearing the way for a sentencing hearing scheduled in Washoe County at 10 a.m. February 7. The two-day sentencing hearing will allow victims, families, and the defendant to present evidence to the judge prior to sentencing.

This afternoon, Defense Attorney William J. Routsis argued that the proceedings should be stayed while he prepares an appeal to the Nevada Supreme Court of Judge Herndon’s ruling to deny Darren Mack a new trial. Judge Herndon denied the motion indicating that a challenge to his ruling can still proceed in front of the higher court without impacting on further proceedings.

In regards to the motion to continue the sentencing of Mack, Routsis argued that his client had not interviewed with the Nevada Division of Parole and Probation and that he wanted his client to have the opportunity to prepare a supplemental report. Routsis indicated he believed that Parole and Probation would recommend the maximum amount of time in prison because Mr. Mack had not interviewed with the Division. Judge Herndon indicated that the defense had been given the opportunity to interview with the Division and had chose not to attend the interview. However, even in light of that decision, Herndon indicated that he did not plan to rely on the Division’s recommendation alone and had set aside two days to allow the defendant time to tell the court directly what he wants to say and provide the judge with information prior to sentencing.

Judge Herndon indicated that in light of the the amount of time the court intends to devote to the sentencing, and in fairness to the victims and their families, he would deny the motion. Sentencing will proceed at 10 a.m. Thursday (Feb. 7) in Reno at the Washoe County Courthouse.

The Clark County District Attorney filed an amended complaint this morning charging O.J. Simpson and three co-defendants with two new charges bringing the total numer of counts to 12.

In the new complaint, filed in the courtroom of Joe M. Bonaventure, a second felony coercion charge was made against Simpson and two new coercion with a deadly weapon charges were filed against Clarence Stewart, Michael McClinton and Charles Ehrlich.

All four defendants are expected to appear in Justice Court for a preliminary hearing Nov. 8 and 9 on 11 felonies, which include kidnapping, armed robbery, assault with a deadly weapon, conspiracy and coercion, and one gross misdemeanor count of conspiracy to commit a crime.

Second Amended Complaint

This morning District Court Judge Michael Cherry accepted guilty pleas from six defendants charged in the 2002 melee at the Harrah’s in Laughlin involving members of two rival motorcycle clubs. Each defendant agreed to plead guilty in exchange for 12 to 30 month sentences, which will run concurrent to prison time negotiated with the Federal government. Calvin Schaefer pled guilty to battery with use of a deadly weapon resulting in substantial bodily harm. Raymond Foakes plead guilty to one count of challenge to a fight. Dale Leedom pled guilty to battery with substantial bodily harm. Maurice Eunice pled no contest to battery with substantial bodily harm. Rodney Cox pled guilty to battery with substantial bodily harm. Sentencing was set for February 24, 2007 in Department 17 at 9 AM.

CourtTV is currently broadcasting two trials from Clark County’s Regional Justice Center on cable and internet. In State v. Guzman, CourtTV is covering the trial on television. Opening statements were broadcast this afternoon from Judge Michael Cherry’s Dept. 17 courtroom. This trial is expected to continue through the week. Gloria Guzman is accused of drowning her quadriplegic ex-husband, Mark Richards, in a bathtub.

CourtTV Extra, the internet feed of the network, is streaming State v. Werner in Judge Valerie Adair’s Dept. 21 courtroom. This case involves Pierre Werner who is challenging Nevada’s medical marijuana law. He was charged by the state with Possession for Sale a Controlled Substance, Class Schedule I/II.

CourtTV also features video coverage of an incident that occurred last week in the courtroom of District Court Judge Michelle Leavitt, which resulted in a mistrial. Las Vegas attorney Joe Caramango appeared late for trial and was later found by Judge Leavitt to be impaired. CourtTV has posted video from the courtroom proceedings on its website.

Judge Leavitt declared a mistrial in State v. Dale Jakuchunas. The defendant has been charged with first-degree kidnapping and coercion. He faces life in prison if convicted. Judge Leavitt concluded Caramango was unable to provide adequate counsel to Jakuchanuas at the start of trial.

William George Barney, who pled guilty to three counts of Lewdness with a Child under the Age of 14, appears before Judge Nancy Saitta Wednesday (July 19) for a status check regarding a court-ordered psychological-sexual evaluation. The psycho-sexual evaluation is required prior to sentencing.

Barney pled guilty through a Guilty Plea Agreement May 17, 2006.

A former scout leader, Barney was captured in Mexico following a tip provided to the FBI by a viewer of the Oprah Winfrey Show. Barney had avoided prosecution for five years.

Justice of the Peace Pro Tem Melanie Tobiasson ordered this morning that Michael Allgood should be evaluated by a District Court judge to determine if Allgood should be referred for a psychological evaluation. Judge Jackie Glass will consider the matter Aug. 8. If Judge Glass agrees Allgood should be evaluated, he will be remanded to Lakes Crossing in Sparks for testing.

Allgood faces five felony charges, including kidnapping, battery and assault with a deadly weapon stemming from an incident June 27 at McCarran International Airport. Allgood is accused of kidnapping a three-year-old boy during a stand-off with police.

A court case stemming from a 2002 Harrah’s Laughlin gun battle between two motorcycle clubs returned to court this morning.ÂÂ

Defendants Rodney Cox, Maurice Eunice, James Hannigan, Dale Leedom, Sohn Regas and Calvin Schaefer all entered not guilty pleas this morning to charges contained in a second superceding indictment in District Court Dept. 17, Judge Michael Cherry.

Defendants Donahue, Fredrick D and Foakes, Raymond were not present. All are alleged members of the Hell’s Angels motocycle gang.

Judge Michael Cherry continued the matter to July 28, 2006 to allow Foakes to appear in court.

Superceding Indictment

District Court Judge Jackie Glass denied Craig Titus and Kelly Ryan bail today (April 18) indicating there was a “significant risk of flight” in making her decision.

It came following a brief hearing in which the defense argued the state had not met the standard of “proof is evident or the presumption great” that allows for bail to be denied. The defense argued that because the District Attorney has multiple causes of death, doesn’t have a clear murder weapon, and that the coroner “could not determine a cause of death,” Titus and Ryan should be allowed bail. Titus’ defense attorney, Richard Schonfeld, asked for a $250,000 bail, while Ryan’s defense attorney, Thomas Pitaro, sought a $25,000 bail.

The state indicated the defendants had fled Las Vegas for Boston and that a murder had been committed. In addition, the District Attorney offered photographic evidence alleging that the defendants planned to commit the murder of Melissa James.

The State cited NRS 178.444(1) that states “a person arrested for an offense other than murder of the first degree must be admitted to bail.” The State argued that since both defendants have been charged with First Degree Murder, and because in this case, “the proof is evident and the evidence great,” both defendants were not eligible for bail under Nevada law.

Documents:

Titus Bail Motion
Ryan Bail Motion
State’s Opposition