Judge delays injury case

Assemblywoman Francis Allen's preliminary hearing on felony domestic violence charges was postponed Monday because her husband didn't show up to testify.

Las Vegas Justice of the Peace Joe Bonaventure scheduled a July 7 hearing to decide if Allen's husband Paul Maineri will face contempt charges for not appearing in court. Authorities said Allen stabbed Maineri in the arm with a steak knife on May 17 after the couple argued.

Deputy District Attorney Stephanie Graham told Bonaventure that Maineri had been served with a subpoena at the couple's home. After learning that Maineri moved out, he was served with another subpoena by fax. Maineri told authorities he would attend Monday's hearing, she said.

Allen, 30, who appeared in court with her attorney Richard Wright, turned away from a television news camera several times when it was pointed at her in the courtroom. She declined to comment on the case after the hearing. In a previous statement, her attorney said Allen denied the allegations.

Bonaventure scheduled a new preliminary hearing for July 17.

Allen, R-Las Vegas, is charged with battery domestic violence with use of a deadly weapon. According to a police report on the May 17 stabbing, Allen said Maineri embarrassed her in front of their friends.

After the incident, Maineri drove himself to Summerlin Hospital Medical Center and received three stitches.

He initially told police that Allen stabbed him in the arm but later recanted and said he wounded himself, the report said. The couple has been married for more than two months.

Because he recanted his earlier statement, authorities are treating Maineri as a reluctant witness.

Allen is a two-term legislator who serves Assembly District 4, located in the far northwestern valley. She filed for a third term about a week before the alleged stabbing incident. Three other Republicans, a Democrat, a Libertarian and a member of the Independent American Party are challenging her.

Las Vegas police said Allen's only arrest in Las Vegas is related to the May 17 domestic violence charge. A victim of domestic violence often don't want to testify against a spouse out of fear or because they don't want the abuser to spend time in jail, advocates for domestic violence victims have said.

Advocates also have criticized authorities for arresting domestic violence victims who don't appear in court to testify after they have been subpoenaed.

In Allen's case, Maineri told authorities that Allen "accidentally" stabbed him and was "adamant" that he didn't want Allen to get into trouble or go to jail, the arrest report said.

When he learned Allen was to be arrested, he told police he would recant his earlier statement, the report said. He told police that he would say he stabbed himself "if it would keep her from getting arrested."

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.