Ex-massage therapist guilty of coercing women

A former massage therapist resolved his sexual assault case Friday by pleading guilty to a reduced charge.

James Brian Goins, 53, could have faced life in prison but instead will spend six months in jail.

Plea negotiations began in earnest Friday morning after the testimony of a Las Vegas police detective brought Goins' trial to an abrupt halt.

Detective Michael Fortunato offered an unsolicited opinion while being asked about how he handled a report made by one of the victims in the case. Twice Fortunato uttered the phrase "because there was no crime."

After the detective made the comment a second time, District Judge Michelle Leavitt asked for a short recess, and the jury was taken out of the courtroom.

"I'm going to ask you to follow this court's pre-trial orders and not offer your opinion on whether you believe a crime has been committed," the judge told Fortunato.

Leavitt then told Fortunato the jury would decide whether a crime had been committed — "not you."

The detective apologized and said he may have misunderstood a prosecutor's explanation of the judge's rulings. The detective had been called as a witness by the defense.

While discussing how to proceed with the trial, Chief Deputy District Attorney Bernard Zadrowski told Leavitt, "We can't unring a bell."

For the next couple of hours, lawyers on both sides of the case came in and out of the courtroom as they negotiated a resolution. Leavitt left the bench during the discussions but returned after learning that the defendant had accepted an offer.

Goins stood before the judge and pleaded guilty to a felony charge of sexually motivated coercion for separate incidents involving two different women in 2013. He entered an "Alford plea," which required him to admit only that prosecutors could have proven their case against him.

If Goins successfully completes three years of probation, which includes serving six months in the Clark County Detention Center, the deal would allow him to withdraw his felony plea and plead guilty to a gross misdemeanor count of coercion.

Goins could have been sentenced to life in prison if convicted of the sexual assault charges he originally faced.

"While Mr. Goins maintains his innocence, he made a very pragmatic decision that was ultimately a risk-benefit analysis," defense attorney Michael Becker said.

Leavitt is scheduled to sentence Goins, who is free on bond and now lives in San Diego, on Jan. 14.

Two women testified during the Las Vegas trial about unwanted sexual encounters they had with Goins.

One woman said Goins sexually assaulted her on July 29, 2013, after she went to his home studio in Las Vegas for a massage. Another woman said Goins groped her during a massage on Aug. 6, 2013, at a Massage Heights franchise in Henderson.

The women have filed a lawsuit against Goins, who has surrendered his massage therapy license, and Massage Heights.

Las Vegas police did not arrest Goins after the first incident, but Henderson police arrested him in January 2014 on a lewdness charge related to the second incident.

After calling Fortunato as a witness Friday, Becker asked the detective whether he had referred the first woman to a hospital for a sexual assault examination. Fortunato said he had not, "because there was no crime."

Becker later asked Fortunato whether he had sought a warrant to search Goins' home. Again, the detective said he had not, "because there was no crime."

The victim in the Las Vegas incident testified that she did not tell Goins to stop when he used his hands to sexually assault her or later when he performed oral sex on her. She said she was scared and "didn't know what to do."

As part of his plea deal, Goins must register as a sex offender while on probation.

Contact reporter Carri Geer Thevenot at cgeer@review-journal.com or 702-384-8710. Find her on Twitter: @CarriGeer