Contempt charge against murder defendant’s mother dropped

Clark County's chief judge on Thursday tossed out a contempt case against the 54-year-old mother of a murder defendant who was held in jail for 10 days without bail or a hearing for borrowing a juror's cellphone during the trial.

Gina Dotson of California was arrested in January for contempt after District Judge Michelle Leavitt learned of the incident and feared it could lead to jury tampering.

Nevada law calls for an immediate hearing when a judge issues a contempt order. But Dotson was not given a hearing at the time of the incident.

At least three hearings before Leavitt were scheduled and delayed during the 10-day period while Dotson languished in jail, a violation of criminal procedure that mandates in-custody defendants appear before a judge 72 hours after being arrested. She was finally freed Feb. 2.

After Chief Judge Jennifer Togliatti dismissed the case Thursday, Dotson attorney Alzora Jackson said that "the judge (Leavitt) violated the law" and called the situation "improper." Dotson did not attend Thursday's hearing. Her only chance to be heard in the case probably would have to come through a civil lawsuit.

Togliatti dismissed the charge because there was no affidavit filed in the case.

Leavitt has said she didn't want to hold a hearing unless Dotson had an attorney representing her. She said she referred the case to the public defender's office.

"I can't control what an attorney does after I appoint them," Leavitt said at the fourth scheduled hearing on the matter on Feb. 2.

Dotson was contacted by a deputy public defender one time by phone while in the Clark County Detention Center.

It wasn't until Jackson and attorney Stephanie Kice took the case that Dotson met with lawyers, nine days into her jail stint.

Public Defender Phil Kohn said that at least twice, a lawyer appeared at scheduled hearings that were continued by Leavitt. Kohn said a deputy public defender waited three hours on Jan. 30 to be heard in Dotson's case. However, Leavitt continued the hearing.

The incident leading to the contempt charge unfolded Jan. 24 while Eugene Ross, Dotson's son, and KC Coulter stood trial in the 2006 prostitution-related robbery and slaying of Joseph Kevin Smalley.

During a break in the case, Ross' attorneys were trying, with help from Dotson, to contact a defense witness. Dotson, who did not have a cellphone, was worried that the witness still had not been notified of a scheduling change for her to testify.

The witness was to testify that Ross had an alibi for the time Smalley was shot 19 times.

Outside Leavitt's courtroom, Dotson approached a group of jurors and asked a male juror to borrow his cellphone.

He asked her for a cigarette in exchange. Dotson, who had one left, offered him half of one, and the juror agreed.

Jurors are told throughout the course of a trial not to speak with anyone involved in the case, including judges, witnesses, media and anyone associated with either the defense or prosecution.

Several jurors were concerned about the incident and informed a court marshal who told Leavitt.

The judge confiscated the cellphone for the remainder of the trial. Once in her possession, the juror's phone rang with the number that Dotson had called, Leavitt said.

Leavitt answered and identified herself. The judge said she believed because of the manner of the person on the phone that there was an attempt being made to tamper with the juror.

Leavitt ordered Dotson locked up and canvassed the jurors to see whether any tampering had occurred. After interviewing the 14 jurors, including two alternates, Leavitt decided they could continue despite objections from the defense lawyers.

The prosecutor in the case, Giancarlo Pesci, has said that at the time he believed Dotson was possibly trying to tamper with the jury, but after an investigator followed up on the incident, he felt Dotson had made an honest mistake.

The district attorney's office is not pursuing jury tampering charges against Dotson.

Ross, 31, and Coulter, 34, were convicted of first-degree murder and other charges.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.