Defense lawyers threaten to cut campaign support over hearsay bill

More than 200 defense attorneys are threatening political retaliation against elected officials who support a bill that would allow for hearsay evidence in Nevada courts.

In a letter delivered to judges in Clark, Washoe and Nye counties — among other elected officials — defense lawyers said they would cut off campaign donations and stop “soliciting third parties” for anyone who advocates for the legislation.

“(Assembly Bill) 193 is a bad law,” the letter states. “And it is bad policy. It takes away the procedural rights litigants have had for decades in our Justice Courts. It is a substantial negative alteration of the relationship between the State and its citizens, with the citizens suffering the loss.”

The letter also was sent to state senators, the Nevada Supreme Court, district attorneys across the state, Attorney General Adam Laxalt and Gov. Brian Sandoval.

Clark County District Attorney Steve Wolfson, along with other top prosecutors across Nevada, backs the bill and has told lawmakers that the changes could save the state money, help battle crime and assist victims.

Wolfson said he received a copy of the letter Monday.

“I’m not going to let the intimidating tone affect my continuation of the fight for victim’s rights,” he said. “I’m not intimidated by it. I’m not thinking twice about it. … It basically has no effect on my efforts to pass a law that will protect victims of crimes.”

Las Vegas defense lawyer Tom Pitaro, who has practiced law in Nevada since 1974, is perhaps the county’s most outspoken opponent to the bill, which he called “stupid” and “ludicrous.”

“This is not a victim’s bill,” Pitaro said. “This is a power grab by the government so that the district attorney can win everything, and the judges don’t have to do anything.”

As originally proposed, the law would allow prosecutors to present hearsay testimony at a preliminary hearing or to a grand jury, meaning victims would not have to testify or be subject to cross examination.

An amendment to the bill earlier this month specified that hearsay would only be allowed in cases that involved sexual assault of children younger than 16, abuse of children younger than 16 or felony domestic violence that resulted in substantial bodily harm.

“We call upon all elected officials to declare either their support or opposition to this bill,” stated the letter with the names of 226 defense lawyers attached. “Neutrality is not an option.”

Hearsay evidence is allowed in 36 other states, including every state that borders Nevada, and preliminary hearings are almost never used in the federal court system.

Pitaro pointed to the Latin phrase “qui tacet consentire videtur” which translates to “silence implies consent.” He said the bill would essentially allow for illegal evidence to be admitted in court.

“That doesn’t belong in America,” Pitaro said. “That doesn’t belong in Nevada. That doesn’t belong in the court system.”

Meanwhile, victim advocates have come out in support of the bill because it means witnesses and victims would spend less time in court recounting crimes against them. In some domestic violence cases, victims sometimes still live with or have feelings for their attacker.

“The proposed legislation is very victim sensitive,” said Lisa Lynn Chapman, director of community relations at Safe Nest, a shelter for victims of domestic violence. “And since it only affects very severe cases, we would hope that the health and well-being of the victim is considered.”

Deputy Public Defender Scott Coffee, who testified about the bill before the Legislature, said the amended proposal was a “step in the right direction,” but created “a slippery slope” and proponents of the bill might later add more crimes to the list.

“These are people who are going to have to testify at some point,” he said. “A preliminary hearing is a lot less intrusive and a lot less intimidating than a trial atmosphere.”

Chief Las Vegas Justice of the Peace Joe Bonaventure said judges had discussed the bill before it was amended, but did not come to a unanimous agreement. They have not met to talk about the changes to the bill.

Bonaventure said he had not received the letter from defense lawyers Monday. He also had not read the text of the latest version and declined to comment.

“I don’t have enough information,” he said. “I would need to do my own research.”

Contact reporter David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find him on Twitter: @randompoker