Judge denies request for special prosecutor in Hells Angels case

A District Court judge has denied a motion by defense attorneys to oust Clark County prosecutors off a motorcycle gang case because one of the defendants was a former client of the new district attorney's former firm.

Judge Michael Villani ruled Friday that disqualification of the entire district attorney's office should only happen in extreme cases, and "the Court does not find that this is such an extreme case."

Lawyers for the 13 defendants, including members of the infamous Hells Angels Motorcycle Club, contended top prosecutor Steve Wolfson was privy to strategy and tactics because an associate at his former firm, Pat McDonald, represents one of the defendants.

The lawyers said Wolfson's knowledge of strategy, access to case files and his payment in the case was enough to create the appearance of impropriety and that a new special prosecutor should be appointed to try the case.

The district attorney's office argued it has taken steps to "shield" Wolfson from contact with prosecutors handling cases with ties to their new boss or his former firm - which could total more than 100.

About a dozen cases have seen motions to recuse the district attorney's office since Wolfson was sworn in February. So far, including Villani's decision Friday, two judges have ruled for the prosecution. Two have ruled for the defense and appointed special prosecutors.

Veteran defense attorney Thomas Pitaro said late Friday he had not had a chance to review Villani's decision but probably would appeal it to the Supreme Court. Assistant District Attorney Chris Owens, who is prosecuting the case, declined to comment.

In his decision, Villani stated, "No evidence has been presented that the shield policy and procedure established from the time Wolfson became District Attorney to the present time has been breached."

The case revolved around a December 2008 brawl between rival motorcycle gang members at a downtown Las Vegas wedding chapel. The brawl followed a wedding the Hells Angels were attending. As they were leaving, they saw three Mongols who were at the chapel for a different wedding, authorities said.

The 13 men attacked the Mongols and others, bludgeoning them with their fists, feet, bottles and trash cans, according to authorities. Defense attorneys have said the 13 men were acting in self-defense.

McDonald, Wolfson's former associate, represents, Brad "Pee Wee" Goldsmith. McDonald testified at a hearing on May 25 that he didn't discuss any confidential aspects of the case with Wolfson before his taking office.

But defense attorneys Joel Mann and Tricia Palm, who both have separate clients in the case, said they did discuss strategy with Wolfson before he was named district attorney.

Owens testified that he has not discussed the case at all with Wolfson because of McDonald's involvement.