Thursday, May 27, 2010

Claus Is Out ... But The Case Goes On

Nye County District Attorney Bob Beckett re-filed the same charges against Detective David Boruchowitz roughly nine hours after Pahrump Justice of the Peace Tina Brisebill struck down the first criminal complaint against Boruchowitz because she said Beckett lacked the authority to name CCC as a special prosecutor.

From the RJ:
Boruchowitz was scheduled for arraignment on Monday. Instead, Brisebill ruled on a motion the detective filed Friday seeking to have the charges thrown out.

The judge wrote that Beckett was free to refile the charges under his own signature or that of a "statutorily authorized deputy district attorney."

That is exactly what Beckett did Monday afternoon.

This time around, the total number of charges has been upped to 27 and divided into two separate criminal complaints.
Take that, Detective - see if you can file two motions to dismiss. Bwa-ha-ha-haaaaa!

Beckett said that the case"might find itself going all the way to the Supreme Court, I don't know." However, Nye County Sheriff Tony DeMeo put it another way: "Get your Dramamine out. I think this thing is going to give people motion sickness."

(LVRJ; Thanks, Tipster!)

17 comments:

  1. This is definitely a situation where it would be nice to see everybody lose.

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  2. At some point, like maybe now, shouldn't the AG and Nevada Department of Investigations step in and save these people from themselves? What a complete mockery.

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  3. Oh it gets better, yesterday's RJ

    "The deputy prosecutor who refiled criminal charges against a Nye County sheriff's detective on Monday said he was pressured into it despite his own misgivings, according to the latest court documents in the bizarre case.

    In a motion filed Tuesday, Detective David Boruchowitz said Deputy District Attorney Robert Bettinger apologized to him for signing off on the more than two dozen charges, many of them felonies.

    The motion said that Bettinger was 'in tears' when he told Boruchowitz that District Attorney Bob Beckett told him to sign the criminal complaint 'over his objection.'"

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  4. What a puss. Rule 11 that pussy deputy prosecutor.

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  5. Prosecutor was "in tears" over filing a criminal complaint.

    Those better have been tears of laughter.

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  6. Hummmm, boss arrested for alleged criminal activies, said boss pressures you to filed a complaint you have serious reservations about, enough to allegedly cry over, and you do it?

    WTF!

    Even if you're worried about your job, I don't give a damn, if you think it's wrong, you stand your ground.

    When did integrity, professionalism, and balls fall out of vogue in this profession?

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  7. Does Rule 11 apply to Criminal Procedure or is there an applicable rule there?

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  8. Cortez-Masto has become quite adept at doing nothing. I know it is an election year but why doesn't she do her f***ing job?

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  9. Bob Bettinger is a nice guy, and I feel bad for him being in such a messed up situation.

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  10. With all the hullabaloo in Pahrump, Las Vegas seems almost... normal

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  11. 1:25, a little irate? it's your kind of (rosy-lensed) view on the world that (not necessarily incorrect) skews what remains of reality. Maybe call them up and explain why they have no balls and must stand their ground? That'd be an interesting conversation i hope you have and then post back with the results.

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  12. 3:24, 1:25 here - I've been asked to do something which I felt was not within the scope of my professional obligations and frankly, in my rosy view - questionably ethical. I told that boss to shove it and walked out.

    Makes for interestingly awkward encounters when we cross paths from time to time. So, I'll keep my rose colored glasses and you can maintain your cynical viewpoint. Perhaps those of us in our field were a little less cynical and actually took a stand we might not look like the collective asses many seem to view us as.

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  13. A large part of insurance defense practice is saying no to suggestions made by the person paying the bill. 99% of the time they understand; the other 1% finds new counsel.

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  14. AG would have to conflict off anyway. Brian Kunzi is one of Beckett's opponents in the DA election and he works in the AG's office.
    Maybe if there was more reading and less being stupid (looking in your direction, 1:55) ...

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  15. @ 4:08.

    I wish more insurance defense attorneys had your viewpoint. There are insurance defense "hacks" and there are insurance defense Attorneys. I much prefer dealing with the latter over the former.

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  16. You're right 5:37, it's better to have the D.A. prosecute this detective himself.

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  17. Conrad wouldn't have gotten emotional. He would be laughing and drinking blood of his enemies from a chalice.

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