DA’s old job ‘for the defense’ creates potential conflicts in two cases

It didn't take long for Steve Wolfson's former role as a criminal defense attorney to create a potential conflict of interest in his new job as Clark County's top prosecutor.

The issue came up this week in at least two high-profile cases, causing hearings for both to be delayed.

Wolfson, who had represented the defendants in both cases, declined to comment on defense requests to disqualify the Clark County district attorney's office.

"Because an ethical shield is in place, he will not speak to anyone, including our deputy DAs, about any cases involving former clients," said his executive assistant, Tess Driver.

The preliminary hearing for Henderson resident Sidney Jacobs, who faces a felony child abuse charge in connection with the fatal shooting of a 6-year-old boy in his home, was delayed Tuesday after his new lawyer filed a motion to disqualify the district attorney's office.

Wolfson, who was appointed in January, represented Jacobs from September through December.

"During this four month period, the defendant relied on the attorney-client privilege and shared confidential information with Mr. Wolfson, in his capacity as retained defense counsel," according to the motion.

Jacobs, 38, is now represented by attorney Robert Draskovich.

According to an affidavit signed by Jacobs, Wolfson informed him that once he was appointed district attorney, the criminal case would be transferred to the attorney general's office and "would no longer be handled by the Clark County district attorney."

The delay in the Jacobs case came one day after the same issue delayed the arraignment of former United Faith Church leader Otis Holland, 55, who is accused of sexually assaulting at least four girls in his Las Vegas-area congregation.

Chief Deputy District Attorney Frank Coumou, who supervises the litigation team that prosecutes cases in Henderson, said he has not seen the Jacobs motion but plans to oppose it.

"There is case law that supports the strategy that we're taking in order to wall off Steve Wolfson so that there is no conflict of interest that could arise," Coumou said.

A hearing on the matter is scheduled for May 17. Jacobs is free on bond.

Prosecutors charged Jacobs with one count of child abuse and neglect with substantial bodily harm in the Sept. 25 death of Robert Martin IV.

Robert died after being shot in the chest at Jacobs' house, at 586 Lairmont Place, in the MacDonald Ranch community near Horizon Ridge Parkway and Stephanie Street.

The boy was visiting the house with his mother, Cristin Wacaser, 25, and her 11-year-old brother.

Wacaser, Jacobs and his girlfriend were in an upstairs bedroom drinking vodka and listening to music while the two boys played downstairs in a room filled with toys.

The 11-year-old told police he found a handgun in a cardboard box labeled "treasure chest" and thought it was toy. He pointed it at his nephew and pulled the trigger, expecting confetti to shoot from the barrel, according to the police report.

Instead, he saw Robert fall backward to the floor. Paramedics took the injured boy to a nearby hospital, where he died.

According to the recent motion filed by Draskovich, Wolfson is considered the prosecutor of record for every prosecution brought by his office.

"That fact that a district attorney must hire deputies to assist in the handling of cases in larger jurisdictions, such as Clark County, does not dilute the fact that the district attorney is considered to be the attorney of record," Draskovich wrote.

The document requests the appointment of a special prosecutor in the case.

"Nothing in this motion should be interpreted to impute any impropriety upon the current district attorney; however, allowing the Clark County district attorney to continue to prosecute his former client makes a mockery of the guarantees afforded defendants by the Constitution and the Rules of Professional Conduct."

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.