Judge ‘shocked’ Vegas man has been locked up 6 years without conviction

A judge said Tuesday that he has “real concerns” about the fact that a Las Vegas man has been behind bars for six years though he hasn’t been convicted of a crime.

Late last month, a jury acquitted Warren McClinton on one count of sexual assault and said they were deadlocked on seven other charges.

“I am very interested in considering the issue of bail,” District Judge Eric Johnson said. “I have real concerns with the amount of time he has been in custody. Frankly, when I got this case, I was shocked.”

Prosecutors said they still plan to retry the case.

Defense attorneys want the judge to release McClinton, 48, on his own recognizance while he awaits a second trial. The judge asked prosecutors to respond by the end of the week.

The judge, a former longtime federal prosecutor who has presided over the case for only about two months, said he would address McClinton’s $130,000 bail next week.

McClinton now faces three counts of sexual assault with a minor younger than 16, three counts of open or gross lewdness and one count of battery with intent to commit sexual assault in connection with allegations from Aug. 2008. In 2009 a judge threw out an indictment against him because prosecutors failed to introduce certain evidence to a grand jury in a sexual assault case.

What they didn’t reveal: DNA from two other males was found on the victim’s bed sheets in her North Las Vegas home, where the crime was alleged to have occurred.

The 14-year-old girl was the only person who initially testified before the grand jury. When prosecutors went to the same grand jury a second time, they called the victim, her mother and a detective to testify. McClinton also took the stand.

The panel, which also heard the DNA evidence, deliberated for 30 minutes and refused to indict him.

He was briefly released from jail, but prosecutors quickly presented new charges to a judge who ruled there was enough evidence for a trial.

In multiple attempts to get judges to reduce his bail, McClinton has pointed to the grand jury that refused to indict him.

Prosecutors argue that McClinton, who uses multiple aliases, four Social Security numbers and three dates of birth, is a flight risk. He’s been charged in Nevada, Illinois and Virginia with various crimes, such as domestic battery, driving under the influence of alcohol and unlawful possession of a firearm. He’s also failed to appear in court 39 times, prosecutors said.

McClinton’s current defense attorney, Ozzie Fumo, said most of McClinton’s missed court dates resulted from a court system glitch. He had been cited on a misdemeanor charge of allowing dangerous animal to run at large and ordered to pay a fine. McClinton had actually paid the citation at the initial court date, but “the citation remained in warrant 34 more times until it was finally corrected in the system,” Fumo said.

In another case, McClinton was given just two hours notice to appear before an arrest warrant was issued. On another occasion he was in custody on a separate robbery charge — later dropped — but wasn’t not transferred to court. A judge still issued an arrest warrant. McClinton has said he was in jail when the alleged robbery occurred.

McClinton has fired nine attorneys who represented him on the sexual assault charge, and that’s part of the reason for the delay in bringing the case to a jury.

When defense lawyers said they wanted to present the DNA evidence at McClinton’s trial, prosecutors pointed to rape shield laws, which limit the ability of defendants to introduce evidence of a victim’s sexual history.

Johnson ruled that jurors would not hear the DNA evidence.

In court papers filed Monday, Fumo said McClinton has two female friends who offered to help him find a job and a place to live if he is released from custody.

McClinton studied business management and music at Norfolk State University in Virginia and moved to Las Vegas in 2001, where he has worked as a painter and lounge singer.

“McClinton has every incentive to remain in the jurisdiction,” Fumo wrote. “He looks forward to defending himself. A bail over $10,000 for a case with this history is tantamount to punishment prior to conviction.”

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