Tuesday, October 15, 2002
Copyright © Las Vegas Review-Journal

Judge hopeful defends actions

Mosley opponent not charged in traffic stop

A candidate for District Court judge had methamphetamine confiscated from his car two years ago, then declined to testify in court about the matter, according to Las Vegas police records and interviews.

Las Vegas lawyer John Curtas is trying to oust Judge Donald Mosley from the Department 14 bench. Curtas' platform is built on the premise that Mosley is unethical and unfit to be a judge.

According to police reports, in November 2000, Las Vegas police confiscated nearly 6 grams of methamphetamine from Curtas' car during a traffic stop at Cambridge Street and Katie Avenue, near Maryland Parkway and Flamingo Road. Robert Lippnik, 36, who was in Curtas' car, was charged with trafficking narcotics.

Curtas later declined to testify in Lippnik's criminal case, citing attorney-client privilege.

Curtas, who was not arrested or charged in the incident, said Monday he did nothing wrong. He said at the time of the traffic stop he was trying to persuade Lippnik to enter drug rehabilitation.

"He was a client of mine, and I was trying to help him," Curtas said. "The district attorney's office knows that, and I explained that to the officers at the time.

"The police acted very professionally at all times, and they treated me and Robbie with respect," Curtas said. "If I had done anything wrong, they could have arrested me."

Curtas, 50, announced his candidacy for Department 14 earlier this year. He is a successful Las Vegas attorney and a past president of the Clark County Bar Association.

During his campaign, Curtas repeatedly has seized on the Nevada Judicial Discipline Commission's ruling that Mosley committed a series of ethical violations during a two-year period. Mosley has disputed the commission's findings.

According to police reports, in November 2000 two officers stopped Curtas' four-door green Cadillac in the southbound lanes of Cambridge, south of Katie. The stop was made because the vehicle was blocking traffic.

According to the police reports, Lippnik was entering the passenger side of the vehicle from the sidewalk, while Curtas was in the driver's seat.

Curtas immediately tried to hand the officers a business card identifying himself as an attorney, police wrote. A records check by police indicated Lippnik was wanted on warrants, so the officers asked Lippnik to get out of the car.

"While Lippnik was exiting the vehicle, an officer observed a small plastic baggy with an off-white crystalline substance to be on the floorboard next to the passenger seat," police wrote.

Curtas gave consent to search the vehicle. Inside, on the passenger floorboard near the center console divider, police found a container with two bags inside. Each contained a white crystalline substance that tested positive for methamphetamine.

On the driver's side floorboard, police found a hollowed-out white pen.

"Curtas attempted to hand (an officer) his business card, which she did not take," the reports state. "He also advised the officer that he `represented officers who had been in trouble.' "

Curtas told the officer Lippnik was his client, the reports said.

"I attempted to speak with Lippnik, but Curtas advised Lippnik to say nothing," an officer wrote.

Police wrote that Curtas told police he had picked up Lippnik to go buy a pack of cigarettes. Curtas was asked how the two came into contact that day.

"Curtas told me Lippnik called Curtas' cellular phone," the officer wrote. "I then asked Curtas about the phone records showing the call incoming, and Curtas then changed his mind, stating he was unsure how Lippnik contacted him."

A police sergeant was called to the scene to advise the officers on what they should do.

"We inquired into the legality of arresting both subjects based on the placement of the narcotics, the paraphernalia and the fact that neither suspect claimed any ownership," the report says.

The sergeant advised that officers arrest Lippnik and issue Curtas a traffic citation. Lippnik was booked on outstanding warrants and eventually charged with trafficking in 5.95 grams of methamphetamine.

Chief Deputy District Attorney Scott Mitchell said when prosecutors got the case, they received only a request for prosecution of Lippnik. Mitchell said that as the case developed, however, prosecutors sought more information to determine whether Curtas should be charged as well.

"My speculation is that the police didn't think they had a very strong case," Mitchell said.

Mitchell said the district attorney's office considered filing charges against Curtas but ultimately decided against it. He said the decision was made in large part because Curtas simply could have blamed Lippnik for having the drugs. Also, because of the delay in gathering information about Curtas' behavior, a defense attorney could have argued in court that any charges against Curtas were politically motivated.

"A reasonably competent defense attorney could have argued that the state and the district attorney's office had the facts (before). Why didn't you arrest him then?" Mitchell said.

Prosecutors eventually decided to pursue the case against Lippnik and to list Curtas as a witness. Mitchell said it soon became clear, however, that Curtas was unwilling to testify.

"He resisted," Mitchell said.

Curtas said Lippnik later gave a statement taking full responsibility for the presence of drugs in Curtas' car. The case against Lippnik eventually was pleaded down to a misdemeanor, Mitchell said.

Regarding Curtas' account of the event, the prosecutor said: "He couldn't keep his story straight."

Curtas confirmed the incident Monday. He said couldn't testify in Lippnik's case because Lippnik was a former client whom he had represented on a variety of small-business matters.

"I told (the prosecutor on the case) in no uncertain terms that this guy is a client, and that I was trying to help him out at the time," Curtas said. "I told them I can't testify."

"The good news is he (Lippnik) has totally turned his life around since this," Curtas said.

Curtas said Lippnik's case was originally before Mosley, and that Mosley called and threatened to reveal the details of the incident in May if Curtas didn't withdraw from the race. It wasn't until a month later, Curtas said, before Mosley recused himself from the matter.

Curtas believes the surfacing of his encounter with police is politically motivated.

"The cops are helping him, the district attorney is helping him, and it's an abuse of power," he said.

Mitchell disputed any contention that his speaking out on the matter is politically motivated.

"I have never spoken to Donald Mosley about this in my life," he said.

Mosley also denied any political posturing, saying he chose not to make the case public.

"I was aware of this information and the allegations for some time, and I anguished over whether to make it public," said Mosley. "But because of the potential perception of mudslinging and us spewing venom back and forth, I elected not to do it."