Bunkerville Standoff Case Likely to Be Determined by the 9Th Circuit

Public safety project Lobato had lots of New opioid law delayed over petty wage support — but none restrictions is creating law dispute from local media pain for local doctors PAGE 2 PAGE 3 PAGE 4 Volume 19, Issue 45 January 10-16, 2018 lasvegastribune.com Bunkerville standoff case likely to be determined by the 9th Circuit By Thomas Mitchell ters account, The Associated Press Witness the court’s pro-govern- As Yogi Berra said, “It ain’t notes that the U.S. attorney, Dayle ment rulings in both the Walker over till the fat lady sings.” Elieson, released a one-sentence River Irrigation District and the In the matter of the Bunkerville statement saying she will make a Wayne Hage ranch cases. On both standoff case, the fat lady may determination about whether to cases the court found that a federal be the 9th U.S. Circuit Court of challenge the ruling before the judge’s hard-earned, keen-eyed Appeals. Though the judge on appellate court. determination that the federal land Monday dismissed the case against Four years after the standoff, in agencies were running rough shod Cliven Bundy, two of his sons and which armed protesters faced off over the defendants amounted to a Montana militia man “with prej- with heavily armed BLM agents bias on the judge’s part rather than udice,” meaning the charges can’t attempting to impound Bundy’s accurate judgment. simply be refiled and another trial cattle for failure to pay $1 million In the Walker River case the scheduled, according to the Reu- in grazing fees and fines for two court found evidence of bias in the decades, and millions of tax dollars fact that the judge had stated, “I spent by the prosecution, what are believe in constitutional rights. I be- My Point the chances the feds will not appeal lieve in protecting the rights of the to the reliably liberal and prosecu- Native Americans and in property of View Cliven Bundy released from jail. tion-sympathetic 9th Circuit? (See Bundy Released, Page 3) By Rolando Larraz It is not a secret that I have never Kirstin Lobato released after more been too fond of the office of the Public Defender, or the office of the Special Public Defender; I have always measured them both — Pub- than 15 years wrongly imprisoned lic Defender and the Special Public By Hans Sherrer other charges related to Bailey’s mitted his homicide. Defender — as equal to the District Special to the Las Vegas Tribune homicide, and ordered a new trial. DA Steve Wolfson decided not Attorney’s Office, perhaps erro- Kirstin Blaise Lobato was re- Miley’s ruling was based on new to retry Lobato. His office filed a neously, but because their payroll leased from the Clark County De- forensic entomology and forensic motion to dismiss Lobato’s charges, checks come from the same place tention Center at 2 p.m. on January pathology evidence discovered in which was granted on December and are signed by the same person. 3, 2018. She had been incarcerated 2009 that proves Bailey died on the 29, 2017 by District Court Chief I have seen two brave Public De- for a total of more than 15 years evening of July 8. During Lobato’s Judge Elizabeth Gonzalez. The fenders fighting for their clients and since she was arrested in Panaca on trial the prosecution admitted her charges were dismissed with prej- that was a surprise to me because July 20, 2001, for Duran Bailey’s alibi evidence establishes she was udice, which means Lobato can the “I don’t care” or the “I don’t homicide in Las Vegas on July 8, in Panaca on July 8 from late morn- never be recharged for Bailey’s ho- give a damn” attitude of the head 2001. ing until after Bailey’s body was micide. Gonzalez also ordered her of the Public Defender’s office, Phil Judge Stefany Miley granted discovered that night in Las Vegas. release from Nevada DOC custody. Kohn, seems to be very contagious. Lobato’s habeas corpus petition The forensic evidence that Bai- Lobato was not immediately When former Las Vegas Police on December 19, 2017. Miley va- ley died when Lobato was 170 released. In 2007 she was convict- Officer Ronald Mortensen told me cated Lobato’s 2006 convictions miles north of Las Vegas proves it ed for the gross misdemeanor of that the state had assigned Special for voluntary manslaughter and KIRSTIN BLAISE LOBATO is physically impossible she com- Public Defender David Schieck to (See Lobato Released, Page 3) his case and that he has “good feel- ings about him,” I did not hesitate to give Mr. Schieck the benefit of the Racism not part of newspaper agenda doubt; after all, he was THE Special By Alexandra Cohen But Ms. Tarkanian’s lack of Public Defender; but after several De Oro Media Group experience or her ego while being years of no changes in Mortensen’s It was during the October 4th seated in the center of the council case, I realized he was no different city council meeting when Mayor chamber, could have made our than any other public servant in the Carolyn Goodman was absent and mayor pro-tem excited enough Nevada legal system. the mayor pro-tem, Lois Tarkanian, to forget the rules, causing her to I believe David Schieck is now was acting mayor, when she — jump all over the long-time local retired, but he was called to testify breaking all city rules — yelled at journalist by calling him a racist. once in the case of Kirstin Lobato, the Las Vegas Tribune publisher, Rolando Larraz has been in- and I don’t know if I was shocked, calling him a racist, and ordered volved in the local media since but I was stoned with his testimony city marshals to escort him out of the early sixties, when he started on how inept and cynical he was the city council chamber. to publish the very first Spanish during the Lobato case and wonder It is an unwritten rule among newspaper, La Verdad; he also if he was as bad in the defense of members of the city council or had the very first Spanish radio Ronald Mortensen. county commissioners not to en- show on a local radio station and There is a great similarity in the gage in confrontation or dialog the very first Spanish television cases of Kirstin Lobato and former with citizens that take advantage show, El Show del Mediodia (the METRO officer Ronald Mortensen; of the public comments during city midday show) on KVVU Channel they both have maintained their council meetings. (See Racism, Page 4) innocence from day one, and while the nature of both of their sen- tences was manufactured for two completely different reasons, they Nevada must hit the brakes on taxes both, in my humble opinion, are not guilty of the crime they have been By Thomas Mitchell through the Legislature record-high year 2012 — which is after Gov. through state and local taxes or charged with. It’s called voting with your feet. tax increases, Nevada still fares Kenny Guinn’s billion-dollar tax $3,349 per capita. Meanwhile, Today I am emphatically con- A remarkable number of well- fairly well in comparison to other hike but before the $1.5 billion tax California snatched 11 percent of centrating on Special Public De- heeled Americans are doing just states when it comes to the tax hike pushed by Gov. Brian Sando- state income or $5,237 per capita. fender David Schieck, and not that, and it should serve as a warn- burden borne by citizens of the val — Nevada ranked 43rd lowest Perhaps that explains why, ac- only on his lousy defense of Kirstin ing to Nevada voters and candi- Silver State. in the nation, while neighboring cording to Internal Revenue Service Lobato and how he followed orders dates as we enter an election year. According to the Tax Founda- Taxafornia ranked sixth highest. data on taxpayer migration, from from some unknown person to Though Republican governors tion’s analysis of state and local Nevada tax collectors grabbed 2014 to 2015 about 10,500 Neva- destroy her case, but also how he in recent years have shepherded tax burdens per capita for fiscal 8.1 percent of the state income (See Nevada Taxes, Page 6) destroyed the past 15 plus years of that young woman’s life. I was in the courtroom of Judge FBI agents’ text messages spur congressional Stephanie Miley when David Schi- eck was called to testify and the cynical face and expression of the probe into possible improper news media leaks former Special Public Defender By John Solomon Election Day 2016 suggesting they made me sick. The Hill knew in advance about an article in Many times I heard people ask- Republican-led House and Sen- The Wall Street Journal and would ing, “How can you sleep at night ate committees are investigating need to feign stumbling onto the knowing that you have destroyed whether leaders of the Russia story so it could be shared with someone’s life?” and that day I was counterintelligence investigation colleagues. asking myself the same question. had contacts with the news media “Article is out, but hidden be- I am the victim of a group of that resulted in improper leaks, hind paywall so can’t read it,” Page corrupt policemen (I cannot in prompted in part by text messages texted Strzok on Oct. 24, 2016. good faith call them ‘officers’), but amongst senior FBI officials men- “Wsj? Boy that was fast,” Str- my resentment of those particular tioning specific reporters, news zok texted back, using the initials officers does not interfere with my organizations and articles.

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