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A briefing schedule hearing in State v. Mack has been scheduled for 10 a.m. Dec. 10 (Monday) in Courtroom A of the Second Judicial District Court in Reno. Judge Douglas Herndon will preside over this hearing, which has been called to prepare a schedule for filing briefing motions and responses in the case. Currently, no documents have been filed in Reno or Las Vegas. A Substitution of Attorney notice has been provided to all attorneys in the case and the judge, however this document has not been filed in either court. It is anticipated that motions will be filed soon in this case in Clark County. This case is a Second Judicial District Court case being heard in the Eighth Judicial District Court by reassignment through an order of the Nevada Supreme Court.

KOLO-TV will provide pool coverage for television media in this case. Contact Michael Sommermeyer if you have questions or other requests.

At the request of the parties, a status check has been scheduled for Charles H. Cashmore at 7:30 a.m. Monday (Oct. 15) in Justice Court Department 9 (Courtroom 6A). A television pool has been created for this hearing. Contact Media Representative Robert Martinez at rmartinez [at] klastv.com for specific information. Cameras will be limited to one television camera, provided by KLAS-TV, and one print camera pool, provided by the Las Vegas Review-Journal.

Media interviews following this hearing must be done on the first floor of the Regional Justice Center in the media area set aside in the north canyon. No cameras or interviews will be allowed on the sixth floor.

Judge Joe M. Bonaventure has scheduled a status check for 9 a.m. Thursday (Oct. 4) in Justice Court Department 9 after consulting with attorneys in the case this morning (Oct. 1). The Thursday (Oct. 4) preliminary hearing previously scheduled for defendants McClinton and Cashmore has been vacated. The court intends to select a new date for a preliminary hearing for all defendants in the case at the Thursday status check. Potential dates for the preliminary hearing were discussed this morning and a formal date will be selected by the court Oct. 4.

Additionally, at the Thursday status check Judge Bonaventure will arraign defendants Walter Alexander and Clarence Stewart. Appearances for all other defendants have been waived for the Oct. 4 hearing.

This morning Judge Jackie Glass heard arguments regarding the defendants request for a Writ of Habeas Corpus, which she denied. The trial date has been scheduled for January 22, 2007 in District Court Dept. 5.

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.

Michael Kane was found not guilty be reason of insanity in 2004 for the murder of John Trowbridge. Since he has shown an improved mental health condition and has been seeking release.

This afternoon, Judge Jennifer Togliati set a status check of August 8, 2006 and took the matter under advisement. Both sides were asked to submit Findings of Fact and Conclusions of Law for consideration by the court.

Nevada does not have a mandated monitored release program for individuals, such as Kane, who are found not guilty by reason of insanity and later determined by doctors to be no longer mentally ill and able to re-enter society.

In 2004 Kane was ordered to undergo treatment at Lake’s Crossing, the state mental facility in Sparks, with the understanding that if he recovered, his case would be reconsidered by the court. Kane was under the influence of LSD and had used methamphetamine in October 2001 when he fatally stabbed 23-year-old John Trowbridge.

Judge Togliatti asked Lake’s Crossing doctors to draft a proposed monitored release program for her consideration.

Judge Nancy Saitta scheduled a bail hearing for defendants Williams, Smith, Slocume and Brown at 9 a.m. June 7, 2006 in Dept. 18 of the Eighth Judicial District Court. In addition, a hearing for a petition for writ of habeas corpus was set for 10:30 a.m. July 24, 2006.

During today’s status check a trial date of October 9, 2006 at 1:30 p.m. was scheduled for all defendants.

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

This morning (April 14), a 17-year-old Sierra Vista High School Basketball player denied charges he sexually assaulted a classmate during an alleged hazing incident earlier this year. The student appeared before Judge William O. Voy.

The student was charged last month with one count of sexual assault and two counts each of battery and open and gross lewdness after a 14-year-old student alleged the 17-year-old held him down and assaulted him during basketball practice.

The case has been scheduled for a June 8 trial in Courtroom 9, Family Court.

A Sierra Vista High School basketball player accused of sexual assault returns to court at 9 a.m. tomorrow (April 14) in Courtroom 18, Family Court, for a status check in front of Judge William O. Voy. The court’s policy is to not release the names of juveniles to protect privacy. The juvenile has been restricted to House Arrest in the custody of his mother since March 23.