Suspect waives hearing
December 13, 2007 - 10:00 pm
In a move that surprised even his lawyer, the man accused of videotaping himself raping a toddler waived his preliminary hearing Wednesday to spare family members of the victim the ordeal of testifying, the attorney said.
The mother of the victim, a girl who was about 3 at the time of the sexual assault is alleged to have occurred, had come to the courthouse to testify against Chester Stiles, but Stiles waived his right to the hearing at which prosecutors would have been required to present the foundation of the case against him.
"He doesn't want to put any of the witnesses or victims through anything unnecessary at this point," said Stiles' public defender, Stacey Roundtree. "He wants to have his day in court later."
Stiles, 37, appeared before Las Vegas Justice of the Peace Deborah Lippis during the brief hearing. When Lippis asked him whether he understood the ramifications of waiving the evidentiary hearing, he replied, "Yes ma'am," in a deep voice.
The victim's mother cried when she learned she wouldn't have to take the witness stand Wednesday, her lawyer Jerry Donohue said.
"She was really relieved. She's been dreading having to testify," he said.
She knows she is going to have to testify in the future if Stiles goes to trial but "she wants to keep the identity of the child a secret for as long as possible," Donohue said.
She had met with prosecutors from the Clark County district attorney's office Monday to discuss her testimony in anticipation of the hearing.
She is also under additional stress because she gave birth to her second child several weeks ago and the newborn is suffering from jaundice, Donohue said. He added that the mother appears to be suffering from some depression.
"She's not having the best week of her life," he said.
Stiles is facing more than 20 felony charges in connection with the videotaped sexual assault, which authorities believe took place between April and August of 2003. During that time, the victim and the victim's mother shared an apartment with friends of Stiles', according to Las Vegas police.
The victim, now 7, doesn't remember the abuse and is healthy, police and Donohue have said.
Authorities also have charged Stiles with several other felonies, alleging he molested a 6-year-old girl in 2003.
He could receive multiple life sentences if convicted. Roundtree wouldn't comment on whether Stiles would accept a plea deal.
On Wednesday, authorities dropped one state felony charge of using a minor in the production of pornography. That charge is being prosecuted by federal authorities.
Stiles wore a navy blue prison uniform and orange jail-issued sandals and had his hands shackled to his waist. He kept his head raised, in contrast to the previous time he appeared in court. Stiles kept his head bowed for the entirety of his Oct. 15 hearing.
Stiles remains in solitary confinement at the county jail, authorities said.
The case came to light Sept. 8 when 26-year-old Darrin Tuck turned the videotape of the sexual assault over to Nye County sheriff's deputies. Tuck said he found the tape in the desert several months earlier.
Tuck is facing possession of child pornography charges. He has pleaded not guilty.
Stiles was the focus of a nationwide manhunt after he was identified by law enforcement as the person in the tape. Henderson police arrested Stiles on Oct. 15 in a routine traffic stop.
Contact reporter David Kihara at dkihara@reviewjournal.com or (702) 380-1039.