The Movable Buffet

Dispatches from Las Vegas
by Richard Abowitz

Category: Vegas Justice

Time for the jury

October 3, 2008 |  9:09 am

Two carefully watched cases head to the jury today. O.J. Simpson's case has obviously gotten most of the national media's attention. But as Steve Friess and others have pointed out, what may matter more to Vegas in the long run is another case: Plaza vs. Plaza.  You see, as the Buffet reported, back in 2007 Phil Ruffin abandoned plans to build a new casino to replace his New Frontier. Instead he sold the land to the Elad Group, owners of New York's Plaza Hotel. This sale of course was during the real estate boom in Vegas and the purchase was among the highest amount ever paid for Strip acreage ($1.2 billion for 34.5 acres).

Elad Group immediately set about planning to tear down the New Frontier and swiftly replace the veteran property with a replica of New York's Plaza Hotel.  Unlike the Strip's shrunken mimicries of New York City, Paris and Venice, the Vegas version of New York's Plaza would be distinguished from the original by being far larger. At an estimated cost of $5 billion, the Elad's Strip Plaza was to have thousands of rooms whereas the original hotel in New York only had hundreds.

Much about this purchase, from the record amount paid for the land to the speed with which Elad felt it could demolish the New Frontier and have its new Plaza open as early as 2011, suggested to Vegas watchers a certain inexperience with the market on the part of the Strip's latest big players. Perhaps in no area was this more hinted at than Elad's seeming failure to consider fully that downtown Las Vegas already had a casino named Plaza.

Anyway, the legal fight over who has the rights to the name "Plaza" for a casino/hotel in the Vegas area will along with Simpson be placed in the hands of a jury at the Regional Justice Center starting today.

One sad irony of the Plaza  case is the fact that due to the credit crunch the construction of the Plaza has been delayed; but that happened after the much-in-need-of-renovation-but-revenue-generating New Frontier was imploded.

Also, the downtown Plaza's owners are trying to argue that Elad owes them more than $29 million in lost profits because their own renovations  were delayed, not because of the bad economy, but on account of the name controversy.




Jury duty: again and never

March 28, 2008 |  9:07 am

Dsc_9887 Today I am heading out early to perform my citizen responsibilities on jury duty. I have been summoned for jury duty repeatedly since moving here. Every time I get summoned to jury duty I feel that there must be a shortage of residents without felony convictions. So, though it is only March, this is my second summons for 2008.

That does not mean I get to serve on a jury today. I have never served on a jury. For example, earlier this year, after I arranged to spend the day free following the order of the 8th Judicial District, Court of the State of Nevada, in and for the County of Clark, I was dismissed the night before as unneeded. All that deadline-moving for naught. This then returned my name for eligibility, and now I have been recalled for this morning.

In the past when I have had to go down to the courthouse, I sat in a room as silent as a library and was sent home by early afternoon. There was one time I made it into an actual courtroom in Las Vegas as a prospective juror. But in my work I had interviewed both the prosecutor and the judge for stories. I was immediately dismissed.

Anyway, for your amusement, I have randomly included this photo from my morning e-mail. Here are the odd, odd couple of Fergie and Quentin Tarantino, who attended Cirque's "Love" last night. 

(Courtesy photo from Cirque by Ana Dobrijevic)


Free speech Vegas-style

February 6, 2008 | 12:13 pm
 
 
 
One of the ongoing issues in Vegas is the dispute over what is private property and what is public property. Many businesses literally own the sidewalk in front of them, a space that anywhere else would clearly be public property.

I've blogged before on the Buffet about the contentious court battle over how the 1st Amendment applies under the Fremont Street Experience canopy. The winner so far is the 1st Amendment in total. So far. Perhaps, the most extreme example of this conflict is when the Venetian (one of the few non-union properties in Vegas) in 1999 tried to keep union protesters from marching on the sidewalk in front of the resort. The courts ultimately sided with the union on that one.

In general, Nevada-based judges have been more comfortable ruling in favor of business owners. But when an appeal gets high enough in the federal court system, the 1st Amendment wins out. The result is that these sorts of cases spend years working through the courts.

Here is how it works: The city of Las Vegas lost the Fremont Street Experience case in a 9th District Court of Appeals ruling in 2003. But the city then rewrote its ordinance to essentially accomplish the same goal of limiting the 1st Amendment under the Fremont Street Experience canopy. The ACLU took the new ordinance to court and everything started all over. In 2006, the case, now nearly a decade old, required yet another 9th District Court of Appeals ruling. As with the previous ordinances, Las Vegas again lost.  And this still isn't over. Las Vegas and Mayor Oscar Goodman have not given up believing that an ordinance can be crafted that allows the goal of keeping undesirables from irritating tourists under the canopy without violating the 1st Amendment. The ACLU still believes this to be impossible.

At the core of this dispute (as with the one between the Venetian and the union) is the question of whether there is any way in which a public thoroughfare pedestrian space can be considered private property where the 1st Amendment does not apply. For years and years this argument has been rejected by federal courts.

As with most things that have a serious side, there is also a ridiculous one. Well, not entirely ridiculous as a lady is in jail. Today, Las Vegas Review Journal reports the story of Diana Bickel, who was unhappy with the service she received from Tower of Jewels, a local jewelry store. Bickel decided to stand on the sidewalk in front of the store with a sign reading "I have a problem with Tower of Jewels." Now she is in jail for two days. How can that have happened in the land of the free?
 
 
 
 
 
Well, Tower of Jewels used the familiar claim that it owned the sidewalk in front of the store.  And, despite all of the cases that preceded this one, District Judge Susan Johnson agreed with Tower of Jewels. The judge issued a preliminary injunction against Bickel. Even then the resourceful Bickel did not back down. Obeying traffic lights and staying in the crosswalk, Bickel marched back and forth across the street with her sign. Apparently, that was enough for Judge Johnson to throw Bickel in jail for contempt for two days, along with a $500 fine.

The Review-Journal, by the way, conveniently quotes the 2003 9th District Court of Appeals ruling on how public and private space should be distinguished in Las Vegas, and the guideline does not focus on ownership for 1st Amendment issues:

"Factors considered in determining whether an area constitutes a traditional public forum for 1st Amendment purposes are: 1. the actual use of the property, particularly the status as a public thoroughfare and availability of free public access to the area; 2. the area's physical characteristics, including its location and the existence of clear boundaries delimiting the area; and 3. traditional or historic use of both the property in question and other similar properties."

Obviously this is written in judicial language, but if you read 1-3 again with a sidewalk in front of a store in mind or a crosswalk at an intersection you will understand why the ACLU attorney Allen Lichtenstein has leaped to Bickel's defense, telling the Review-Journal, "This is an issue that obviously goes beyond these two parties."

I am sure one day the 1st Amendment will finally be considered to apply to Las Vegas by elected officials (in Nevada elected officals include judges). I am also sure that one day on the Strip I will see, for the very first time, a male cocktail server working a casino floor, instead of all women in outfits that show lots of leg. But I am not going to hold my breath waiting for either day.

Las Vegas Vs. Homeless People

December 19, 2006 |  5:37 pm
I am so embarrassed for Las Vegas. There seems no limit on how outrageous the city is willing to be in what is becoming an out of control campaign to persecute the least fortunate people in all of Las Vegas. Let's review. This year Las Vegas made it illegal to give food to homeless people in parks. Then Las Vegas made it illegal for people to sleep near "deposits" of urine and feces. To be fair the "deposit" law was deemed too outrageous to keep on the books and the city repealed it; after which the police began jailing homeless people in an effort to enforce the nonexistent law. Today's Review-Journal headline: "Shopping carts taken from homeless: They say they were denied chance to keep belongings."  To Oscar Goodman, Las Vegas City Council and Metro: Shame on you. Shame on you. Shame on you.


Legal Reform Gets Nice Words

December 6, 2006 | 11:16 am

Speaking of language and lawyers, today's L.A. Times is running an article on the Nevada judiciary's latest step at self-regulation. The headline is "Nevada Judicial Reforms Gain Traction."

But when you get into the fine print:

"The justices made no final decisions and reserved the right to refer the measures to study groups or quash them altogether." Further, "a key proposal appeared to be foundering. Justices signaled that they considered a proposal to prohibit judges from personally soliciting or accepting campaign contributions a violation of constitutional rights, though they agreed to take the proposal "under advisement" with the others."

Constitution right, yeah.

Anyway, to give you a good sense of how this game is played here, I wrote earlier this year about how the Nevada Supreme Court messes around with committees for years of unproductive foolishness resulting in even bigger foolishness in their attempt to regulate lawyer advertising. Interestingly, the issue of constitutional free speech came up then, too, though there seemed to be less interest in seeing it applied by the Nevada Supreme Court back then.


Update: Bar Replaces Tipsy Lawer

September 13, 2006 |  2:55 pm

I just interviewed Wayne Blevins, executive director of the Nevada State Bar, about defense lawyer Joe Caramagno, who caused a mistrial in a kidnapping case by showing up in court to represent his client less than fully sober according to a breathalyzer test.

Blevins told me that Caramagno was representing as many as 100 cases when that incident happened last month. But since then the courts and the Bar have intervened to lessen this latest black eye to the integrity of the Vegas legal profession. Blevins said Caramagno "is presently in a rehab center and his current cases have been assigned to some attorneys here in Nevada and those attorneys have volunteered their time and effort to accommodate the cases as a service to the Bar."


Vegas Lawyer's Breathalyzer Causes Mistrial

September 13, 2006 |  1:01 pm

Las Vegas justice continues to embarrass. Last month during a kidnapping and criminal assault trial, a Las Vegas defense lawyer, Joe Caramagno, caused a mistrial by appearing in court messed up. Someone has posted the video of the hilarious hearing. At first, Caramagno claims he has been in a car accident and though in pain he refuses medical attention. In fact, he wants the trial to go forward. "I am willing to play hurt," he says. The judge notes that she thinks this might cause some problems in his ability to defend his client against serious charges. "It's not fair if you are not a 100%," she says.

The attorney replies: "I may have suffered a concussion your honor." Yet he still wants to go forward. The judge orders everyone to chambers.

When they return, another video shows that the new subject discussed is if Caramagno is in fact intoxicated. Apparently, the judge feels the lawyer has told a series of fibs while in chambers and wants Caramagno to take a breathalyzer test right there in the court.

"I don't see the probable cause to blow," slurs the attorney.

The judge stands firm and the lawyer offers the bailiff a half-hearted breath that the judge deems insufficient to register a result. However, even that little breath proved adequate. As the bailiff  approaches the judge with the result of the breathalyser you can see uniformed officers surrounding the defense attorney table as Caramagno pathetically offer that it maybe be a little residual from last night.

Continue reading »

The Power of Warren Jeffs

August 30, 2006 | 12:37 pm

Warrenjeffs2_j4tinync I am really happy about how Warren Jeffs was captured. To be honest, based on my experience dealing with the Jeffs' Fundamentalist Church of Jesus Christ of Latter Day Saints group I was worried that a peaceful outcome was unlikely. It is amazingly good fortune that he was caught in a routine traffic stop. My worry now is that Warren Jeffs will be very hard to convict. Already, one of the key witnesses against him has refused to testify in another case.

The problem is that anyone connected to Jeffs was raised as a member of FLDS. That means they likely have a huge extended family that would do anything to convince them to not testify against a person believed by all FLDS members to be God's only prophet on Earth.

It is important to remember that FLDS is not simply a cult formed around Jeffs' personality but a sect of interconnected families who've been isolated together for generations. Warren Jeffs seized leadership when his father, Rulon Jeffs, died. Interestingly, Warren Jeffs insisted that people believe his father was immortal. And so until Rulon Jeffs died in September 2002, Warren Jeffs spent his days excommunicating people in the name of his father who hinted Rulon might one day expire.

Still, Warren Jeffs must have had some hint. When I wrote about him I interviewed one former follower, Erza Draper. Draper was Warren Jeffs' former student as well as his brother through a myriad of interconnected marriages.

According to Draper, after Rulon's stroke, Warren Jeffs hid his father's infirmity while acting in his name and maneuvering to succeed him. Draper recalled how he overheard Jeffs dispatching a rival, Winston Blackmore, the bishop of a Canadian FLDS group:

"Four months before Rulon Jeffs died, Warren used Rulon Jeffs to dismiss Winston from his responsibilities as Canadian Bishop. Here's something that Warren wasn't aware of. I was in Winston's truck the day Warren made that phone call, and I heard the whole conversation, which was very short. Rulon Jeffs didn't even know who he was talking to. Warren then told his father who he was talking to. And then Warren told him what to say, sentence by sentence. When I returned to Colorado City, I asked Warren how the dismissal came about. He said, 'Ezra, father handled that situation all by himself. I made the phone call, and he handled all the rest.' I found a way to excuse myself and end our conversation on a pleasant note. I decided, that's it. I don't know where I am going, but I am not following this guy."

Winston Blackmore may be among the candidates to take Warren Jeffs' place as leader of FLDS should Jeffs be convicted. But maybe the estimated 10,000 members of FLDS will have enough of bogus undying all-powerful prophets by then.

photo from Getty Images


Warren Jeffs Caught

August 29, 2006 |  2:13 pm
Warrenjeffs_iywjfmnc_1 Fugitive cult leader Warren Jeffs has been captured thanks to a traffic stop near Las Vegas. Jeffs is wanted for allegedly arranging marriages between his adult male followers and underage girls. The supposed Man of God was found hiding in a 2007 Cadillac Escalade. According to the AP report, Jeffs "was found with cell phones, laptop computers, wigs and more than $50,000 in cash when he was arrested, authorities said Tuesday." For those who are interested in what life under Warren Jeffs was like in Colorado City (a small town at the Utah and Arizona border a few hours from Las Vegas)please enjoy this story of my adventures there a couple years ago. This will be one fascinating trial.

50 Months for Naughty Politician

August 22, 2006 | 10:50 am

Darioherrera_iw54o7kn_2 Jon Ralston sent an e-mail saying that former county commissioner Dario Herrera has received a 50-month sentence. The government had asked for 51 months.

Meanwhile, local political experts are still amazed at how totally Herrera has tossed away his career as the future of Nevada's Democratic party. Harry Reid loved the guy! In today's paper Jane Ann Morrison captures this view noting, "Herrera will serve his time and then get on with his life, knowing he had a big political future and botched it."

Having watched how smug this man was at his trial, I am convinced that the minute Herrera gets out of jail he will once again be running for office. Being convicted of a felony involving taking bribes from a strip club owner would be a problem elsewhere but if he runs for office in Nevada in 51 months or so, my guess is that Herrera will see it as all making him a stronger candidate. This may seem farfetched today with his sentencing, but when Dario Herrera runs for office again, I will be reminding you all of this post.



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