58°F
weather icon Mostly Clear

Judge rules Jones can keep his defense attorney

Lawyer Robert Draskovich was allowed Monday to continue defending suspended Family Court Judge Steven Jones in his federal fraud case despite questions by prosecutors that the lawyer might have a conflict of interest.

Following a public hearing with both sides and a closed courtroom session with Draskovich and Jones, U.S. Magistrate Judge George Foley Jr. said there was no need at this time to remove Draskovich from the case.

First Assistant U.S. Attorney Steven Myhre had raised Draskovich’s possible conflict in court papers earlier this month revealing new abuse of power allegations against Jones.

Myhre said prosecutors have evidence that Jones “used his position and influence” as a judge twice in 2006 to get his former brother-in-law, Thomas Cecrle, released on his own recognizance in a felony bad check case, though local prosecutors had asked that he be kept in jail on no bail.

Draskovich represented Cecrle in the case.

Freeing Cecrle allowed a decade-long investment fraud scheme involving the judge to move forward, Myhre alleged.

Jones, Cecrle and four others were indicted by a Las Vegas federal grand jury in October 2012 in what authorities said was a $3 million investment scheme between 2002 and 2012. In the indictment, prosecutors alleged Jones used the power of his office to further the investment scheme and intervened on Cecrle’s behalf to prevent or delay legal processes against him.

Myhre suggested in a March 27 letter to Draskovich that the lawyer could be a prosecution witness in the federal case against Jones and Cecrle.

“For example, you may have received instructions from Jones regarding your representation of Cecrle, learned of Jones’ role in the release of Cecrle, represented Cecrle at the behest of Jones or obtained proceeds of the fraudulent scheme in the course of any payment of fees,” Myhre wrote.

Draskovich, who has said there was no inappropriate conduct on his part, asked for the closed hearing last week to present evidence to Foley he argued should be “protected from public disclosure.”

In court Monday, Draskovich acknowledged that he had a conversation with Jones about Cecrle’s bad check case, but reserved an explanation for Foley behind closed doors.

Afterward, Foley informed prosecutors that he does not believe at this time that Draskovich’s previous role in defending Cecrle has compromised the defenses of both Jones and Cecrle. The two men told Foley they would waive any conflict if it surfaces so that Draskovich can remain on the case.

Prosecutors would not say afterward whether they plan to raise the issue again before the June trial.

In his court papers, Myhre said the bad check case against Cecrle was filed in 2005 after a man he identified as E. A. complained to the district attorney’s office that Cecrle defrauded him while soliciting money in the investment scheme. Several checks Cecrle wrote to the man had bounced.

The man was identified as Ely Ades in the 12-count complaint county prosecutors filed in Las Vegas Justice Court. The complaint alleged Cecrle defrauded Ades out of $58,260.

Cecrle was arrested twice within a month in the case in 2006 and released both times by separate justices of the peace. The case was ultimately dismissed in January 2007.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Find him on Twitter @JGermanRJ.

Don't miss the big stories. Like us on Facebook.
THE LATEST