Saturday, May 31, 2003
Copyright © Las Vegas Review-Journal

DISTRICT COURT: Woman's contempt case dismissed

Judge overrules colleague's order, saying it was without basis

Kalani Wilburn appears in court Friday as part of contempt proceedings initiated against her by District Judge Donald Mosley. Photo by Gary Thompson.

A black woman who resisted jury service because she doesn't trust white people or the legal system was ordered to face contempt proceedings this week by District Judge Donald Mosley.

But during a Friday morning hearing, Chief District Judge Gene Porter immediately dismissed the contempt case against Kalani Wilburn, saying there was no basis at all for Mosley's order.

"I don't even know what she's doing here. She's free to go," Porter said.

Outside of court, Mosley's order was sharply criticized by Wilburn's attorney and civil libertarians.

"She's been treated like a criminal and she's not," said Wilburn's attorney, Alzora Jackson.

Gary Peck of the American Civil Liberties Union of Nevada termed Mosley's contempt order "outrageous and inexcusable."

But in an interview Friday afternoon, Mosley said he had every right to initiate the contempt proceedings against Wilburn during a murder trial this week in his courtroom. The judge said in his dealings with Wilburn, he became convinced she was doing everything she could to avoid her civic duty by playing the race card.

"What no one seems to want to recognize here is that this woman was acting like an ass," Mosley said.

"Jury service is like paying taxes," the judge said. "It's not something you want to do."

According to court transcripts, Mosley lodged the contempt allegations because he believed Wilburn was "willfully attempting to obstruct" the murder trial.

Wilburn declined to comment.

The exchange unfolded Tuesday during the ongoing murder trial of Larry D. Bailey. Bailey is accused of beating a man to death in 1995.

Wilburn was summoned for jury duty in the case and showed up in Mosley's courtroom Monday. After jury selection finished for the day, Wilburn told Mosley she didn't want to come back to court the next day. Mosley said he told the woman if she didn't show up for jury service, it was feasible that he would issue a warrant.

The next day, Wilburn returned to court and was questioned by the judge and attorneys as to whether she could be a fair and impartial juror.

"I don't trust the jury system. ... That's just the way I feel about it," Wilburn told the judge.

Wilburn told Mosley she once had her home burglarized, prompting her to be biased against police.

"Do you think the authorities treated the matter appropriately?" Mosley asked.

"As appropriately as they do for most people on that side of town," she responded.

"I don't trust the police. I don't trust the system," she said, adding later that she doesn't "trust any white people."

Mosley eventually dismissed Wilburn as a juror but then initiated the contempt proceedings.

"She will remain in the courtroom until the break," Mosley said. "Mr. bailiff, you're instructed if she tries to leave, cuff her."

Mosley ordered Wilburn to appear before Porter on Friday for a show cause hearing on a contempt charge.

"If you fail to appear, I guarantee you a warrant will be issued and we'll be at your job site taking you out in cuffs," Mosley said.

Upon hearing the facts Friday, Porter promptly dismissed the case.

Afterward, Dr. James Tate Jr., chairman of the National Alliance Against Racist & Political Repression, claimed Mosley is a racist and "morally corrupt."

Jackson, Wilburn's attorney, disagreed, saying she does not believe Mosley's actions were motivated by racial prejudice.

"I have had him as a judge before, and he's always been fair," Jackson said. "He is not a racist, and I've seen him be a fair-minded man to a lot of people."

However, she said the judge was wrong to initiate contempt proceedings against Wilburn, and she believes Mosley's actions demonstrate a double standard. Jackson said that during a previous murder trial before Mosley, a white juror actually fled the state during the trial and delayed the proceedings.

The man was not charged with contempt.

"That happened to be a white male, and if anyone was subject to contempt, he was," Jackson said.

Mosley said he doesn't even remember the incident Jackson to which Jackson referred.

"I think she deserves some sort of apology," Jackson said of her client.

Mosley said it became clear to him in his dealings with Wilburn that she "didn't want any part" of jury service.

"They are trying to make this some sort of issue about race," Mosley continued. "She (Wilburn) is the one who introduced race."

Mosley said he was extremely busy handling the Bailey murder trial Friday, but he would have been willing to testify before Porter about Wilburn's actions.

"Frankly, I don't think he knew what was going on," Mosley said of the chief judge.

In the past month, the Review-Journal has documented three cases in which Nevada judges have been accused of inappropriately using state contempt law to punish people.

District Judge Jessie Walsh sent two men to jail earlier this year for behavior that unfolded outside of her presence. Walsh also was accused by the ACLU of not ordering an independent hearing for the men on the contempt allegations -- a step Mosley took.

In March, Municipal Judge George Assad issued an order that led to a woman being handcuffed and detained for nearly three hours. The purpose of the order was to make sure the woman's boyfriend showed up in court.

Assad and Walsh have adamantly maintained they did nothing wrong.

Peck said the cases demonstrate a systemic problem of Southern Nevada judges abusing their power via state contempt statute.

Peck and Jackson also said orders like the one Mosley issued reinforce the skepticism many blacks have of the criminal justice system.

"It is precisely these type of abuses that cause such distrust," Peck said.