Man gets new public defender

A Review-Journal series in March, highlighting problems with indigent defense in Clark County, prompted substantial local reforms and a study of public defender systems statewide.

It also helped at least one defendant profiled in the series get another chance at justice, which he feels he was denied the first time around.

Darryl Cone, 47, claims his defense attorney coerced him into pleading guilty to a felony last year, going as far as threatening to help convict him if Cone insisted on going to trial.

At the time of the case, Cone, a former all-state high school wrestler, was struggling to get his life together. He had been in and out of legal trouble most of his adult life, but had lately avoided problems and found work with a construction company.

But after failing to return a truck owned by his employer, Cone was charged in 2005 with theft and possession of a stolen vehicle, as well as a misdemeanor drug charge.

Cone said he had permission to borrow the truck, and that his mistake was failing to bring it back on time. The owner showed no interest in prosecuting.

Part-time public defender Paul Wommer, an attorney who contracted with the court for an unlimited number of misdemeanor and felony cases, was appointed to defend him.

From the outset, Wommer wanted Cone to plead guilty to the stolen vehicle charge. But Cone resisted. He wanted a trial.

"I kept the truck over a three-day weekend. I didn't steal it," Cone said in a March phone interview from the Southern Desert Correctional Center, where he is serving up to 10 years. "He (Wommer) didn't want to hear my side of the story."

After rejecting his lawyer's advice, Cone complained in three separate court filings that Wommer threatened to work with prosecutors to get him the most severe punishment possible.

Cone, who is black, said Wommer told him at a court hearing, "You want to have some fun, huh? We are going to trial on everything. ...You're going to get life in prison, and I'll make sure of that, my brother."

Two witnesses to the exchange signed court affidavits backing Cone's memory of the events.

Other defendants represented by Wommer during a recent one-year period have lodged similar complaints against him.

Wommer said in an interview earlier this year that he commonly threatens clients he believes are better off taking plea deals.

District Judge Ken Cory saw enough wrong with the handling of Cone's case to reopen it in September. The judge appointed Cone a new attorney and scheduled an evidentiary hearing for January.

"Getting a hearing means we have a chance," said Robert Glennen, Cone's new attorney. "The fact that Mr. Cone was appointed new counsel is a good sign."

Wommer is one of three attorneys whose billing of the county for work on indigent cases is being examined for possible civil or criminal action, said District Court Administrator Chuck Short.

The others are Christopher Tilman and Greg Denue.

These three lawyers billed the county for a combined $1 million last year.

Contact reporter Alan Maimon at amaimon@reviewjournal.com or (702) 383-0404.