Man jailed 6 years takes deal for release today
A man jailed for more than six years without a conviction accepted a deal Monday that would have him immediately freed.
Moments before picking a jury for Warren McClinton's second trial on several sexual assault charges, prosecutors said they would allow him to plead guilty to one count of second-degree kidnapping. They would agree to a maximum of 30 months of probation, and he would otherwise walk the streets a free man.
It was what's known in the legal world as a "fictitious plea." Before Monday, McClinton had never faced that charge.
He would take the deal under what's known as the Alford decision, which means he doesn't admit guilt, but acknowledges prosecutors have enough evidence to prove the charge.
Just last week, prosecutors had extended an offer for McClinton, 48, to plead guilty to attempted sexual assault, but that meant he would have to register as a sex offender and be monitored for the rest of his life. He refused.
When prosecutors finally agreed to drop the sex charge, they had to come up with a count that would not carry lifetime supervision and would allow for probation.
McClinton, along with his attorneys Ozzie Fumo and Tom Pitaro, have steadfastly maintained McClinton's innocence.
"His main motivation was to get out of custody," Fumo said. "He's been in there going on seven years and enough is enough."
The lawyers estimated that McClinton's incarceration at the Clark County Detention Center and his ongoing court proceedings cost upwards of $500,000.
"When I looked at the totality of everything they had against him, nothing added up, and I think this man is innocent," Fumo said. "But it's not worth rolling the dice (at trial). I think the system ruined him."
McClinton was expected to be released from the jail sometime late Monday, for the first time since 2009.
As recently as June, McClinton was acquitted of one count of sexual assault. Jurors deadlocked on several other charges.
In 2009 a judge threw out an indictment on several counts, including sexual assault, because prosecutors failed to introduce certain evidence to a grand jury. What they didn't reveal: DNA from two other men was found on the victim's bedsheets 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.
But prosecutors quickly presented new charges to a judge, who ruled there was enough evidence for a trial.
Lawyers had expected the second trial to last two weeks.
In the deal accepted Monday, prosecutors agreed to drop 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 dating to August 2008. If convicted on those charges, McClinton could have faced life in prison.
He is expected to live with family in Chicago while he awaits a formal sentencing in January.
Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find him on Twitter: @randompoker
