New judge to decide sentence for man jailed while lawyer was handcuffed

A man who received a six-month jail term while his lawyer was handcuffed in a Las Vegas courtroom should be resentenced by a different judge, according to a Wednesday ruling.

District Judge Rob Bare decided that sending Daniel Fernandez’s larceny case back to a lower court for sentencing before a justice of the peace other than Conrad Hafen, who ordered the handcuffing last month, was “flat-out the right move to make.”

Defense lawyers argued that Hafen had deprived Fernandez of his Sixth Amendment right to an attorney at a crucial moment.

Bare noted that Hafen directly addressed the defendant on May 23 while Deputy Public Defender Zohra Bakhtary was handcuffed and essentially silenced.

Before being restrained, Bakhtary tried to argue that Fernandez, 29, should not be jailed, but Hafen told her to “be quiet.”

After Bakhtary proceeded to interject, Hafen ordered a court marshal to take her into custody.

Bare said the proceedings should have stopped at that point.

Instead, Hafen turned to the defendant. Bare noted that Hafen used the words “you,” “your” or “you’re” 18 times as he addressed Fernandez directly.

“His lawyer essentially is unable to participate any further because she’s in handcuffs,” Bare said. “If she were to attempt to further participate while in handcuffs, she could probably reasonably anticipate being transported next door to the jail.”

Hafen ordered Bakhtary released from the handcuffs after about three minutes, then declared that she had “learned a lesson.”

The Las Vegas justice of the peace lost his bid for re-election in the June 14 primary election against longtime defense lawyer Amy Chelini, who takes office Jan. 1.

Bare said Hafen may have had “every reason under the law and facts” of the case to send the defendant to jail.

Fernandez had admitted stealing 15 pieces of clothing from the Macy’s department store at Fashion Show mall in October. In March, he was cited in another larceny case, and prosecutors said that was a violation of his release.

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find @randompoker on Twitter.