A**hole Gone Wild: Acting Like a Jackass Loses Francis $3 million

Girls Gone Wild producer and all around jackass, Joe Francis, used his time as a deponent to put on a seminar for what not to do when being deposed. Pay attention law students. Apparently, repeatedly stating that you plead the Fifth to most generic questions, farting openly and repeatedly checking your email or taking a cell call are sanctionable offenses. Who knew?

The LV Sun reports:

Unimpressed with his antics, District Judge Michelle Leavitt ruled in favor of Wynn Las Vegas and ordered the soft-porn video mogul to pay the Strip casino a $2 million gambling debt, which, with interest and court costs, could soar to $3 million.

In court papers, the Wynn’s lawyers argued that Francis improperly asserted his Fifth Amendment right against self-incrimination in refusing to answer even the most innocuous questions during the nearly daylong deposition in February.

And several times during the deposition Francis openly passed gas, further disrespecting the legal proceeding, the Wynn lawyers charged.

Note to litigant readers: try not to piss off the judge by insulting the legal process. They usually don't take it well. Especially when you insult the legal process with a case pending before a member of The Family like Judge Leavitt.

Care to let it ride, Mr. Suen?

Here's a shocker: District Court Judge Michelle Leavitt denied two motions brought by the Las Vegas Sands attempting to get a do-over on that $58.6 million judgment that a Clark County jury awarded Hong Kong businessman Richard Suen following a six-week civil trial (WWL previously reported on this case here and here).

Even Las Vegas Sands Chairman and CEO Sheldon Adelson couldn't make it through the hearing. According to the RJ, Adelson only watched about an hour of arguments from Sands' attorney [the unfortunately named] Rusty Hardin before leaving the courtroom. That's right, the client left after hour one ... of the four-hour argument.

Oh, but Rusty isn't about to let it end there, not while he's billing by the hour. He will be appealing the case to the Supremes (of course). Go get em' Rusty!

(RJ)

Justice of the Peace going down

With Judge Halverson permanently gone, there's a lack of complete and total embarrassment in the Nevada Judiciary. That is, until yesterday.

The RJ reports:

"Sue Abbatangelo, the wife of Justice of the Peace Tony Abbatangelo, accused her husband of grabbing her by the neck, choking her and screaming at her during a fight at the couple's home Wednesday.

She further accused the judge of physically abusing her over a two-year period."

As if the news story wasn't bad enough for the judge, it turns out that his wife is the sister of District Judge Michelle Leavitt and attorney Andrew Leavitt. We've written before about the wrath of the Leavitts when you go against the family (post available here). If I were Justice of the Peace Abbatangelo, I'd be praying to be locked up.

Try not to be a dick if you're on jury duty . . . especially in Judge Leavitt's courtroom

Nevada District Court Judge Michelle Leavitt had to put the smackdown on a potential juror in her courtroom on Friday morning who got aggressive with the courtroom marshal.

The Review-Journal reports:

A judge jailed a dismissed potential juror in the Jane "Cordova" Doe murder trial Friday morning after the juror became combative.

District Judge Michelle Leavitt ordered that the juror be jailed for 25 days after he swore and became aggressive toward a marshal, said court spokesman Michael
Sommermeyer.

The juror, when leaving the courtroom, shouted, "This is (expletive)," Sommermeyer said. The trial was in the jury selection phase at the time of the incident.

Ouch. Aggressive towards a marshal . . . not the smartest thing to do in a court of law. However, it would be interesting to find out what "aggressive" means. Judge Leavitt is not really known for her patience, understanding or courtesy. Probably not a good idea to act like a dick in her courtroom.

Don't go against the [Leavitt] Family lest you incur the wrath of Andrew

[Note: we've reported on this Andrew Leavitt story before (link to older post here), but not with the flair or links to evidence it deserved]

Judge Michelle Leavitt's brother, Andrew Leavitt, apparently runs a judicial campaign like an old school mobster. Step out of line or criticize Judge Leavitt too harshly and Andrew will threaten to deal with your "lies and misrepresentations . . . accordingly" or simply declare you his "enemy".

The first instance of Andrew Leavitt's baseball bat style of campaigning came when Kurt Harris, who is challenging Judge Leavitt for her seat on the District Court, accused the judge of never having tried a case. Andrew responded in writing that Judge Leavitt had, in fact tried one trial, and that Mr. Harris' lack of integrity showed that he "should not and cannot be a judge".

The letter closed with a demand that Harris delete the "lies" and "misrepresentations" about Judge Leavitt and "[i]f it is not accomplished, [Andrew] will personally make sure that [the] lies and scandalous misrepresentations are dealt with accordingly." (full letter available here with comments from Mr. Harris available here)

Mr. Harris said that he felt the letter was threatening and the Review-Journal reported on the controversy. (Review-Journal)

Then, on March 28, Andrew Leavitt sent a letter to his former friend, Osvaldo "Ozzie" Fumo, who has known the Leavitts for years after Fumo supported Leavitt's challenger. According to the Review-Journal, Andrew Leavitt's letter stated:

It is amazing to me that you would put our friendship, my sister's friendship, and the entire Leavitt Family friendship down the drain for someone that you don't even know . . . To me this is outrageous and I have no other choice, but to consider yourself a permanent enemy to both myself, my sister and the entire Leavitt family.

Sounds like someone has been watching too many Martin Scorsese movies.

Thurs Roundup

The FBI announced a major child prostitution bust with links to Las Vegas. At least 65 people have been arrested in Las Vegas as a part of Operation Cross Country, including pimps, prostitutes and people soliciting prostitutes. (Las Vegas Now)

Congratulations to District Judge Arthur Ritchie Jr. [pictured right], the presiding judge for Family Court, who has been named new Chief Judge for the Eighth Judicial District Court. (Review-Journal) In other court personnel news, congratulations to Edward A. Friedland, Esq. who has been selected to serve as the Court Executive Officer and Clerk of the Court of the Clark County Courts. (Harmful Error)

Parents whose 4 yr-old with a genetic disease died after they him left alone in their SUV are facing murder charges. (Review-Journal)

Before his Public Defender could talk to him, a man accused of robbing and beating Oakland Raiders receiver Javon Walker alleged in open court that police pressured his fiance to press charges against him in a domestic violence case. (Review-Journal)

The Nevada Supreme Court will take up the issue of whether term limits for state and local officials are constitutional. Under the current term limits, those who have served for 12 years in office can no longer run for office. (Review-Journal)

Las Vegas Police detectives have submitted a felony case against a well-known tag crew member to the district attorney’s office as a suspect in the graffiti outbreak at the Regional Justice Center. (Las Vegas Sun)

An editorial suggesting that a Clark County Baliff's tasering of a 23 yr-old audio-video technician for the entertainment/education of kids might not have been a good idea. (Las Vegas Sun)

After 25 years of serving the City of Henderson, Police Chief Richard Perkins is retiring. (Las Vegas Now)

In Carson City, an attorney with only 8 yrs of experience is running for a District Court Judicial seat, claiming the requirement that judicial candidates must be licensed for at least 10 years doesn't apply to him because he was licensed before the law went into effect. (Nevada Appeal)

Congress will not be rolling back the Internet gambling ban this year after a House committee deadlocked on an amendment to prevent federal agencies from completing the new rules until the agencies defined "unlawful Internet gambling." (Review-Journal)

An international defense contractor accused of attempting to bribe an Army office is on the loose after cutting his electronic monitoring bracelet and disappearing. Some Assistant U.S. Attorneys are questioning Magistrate Judge Lawrence Leavitt's decision to allow the suspect to remain under electronic monitoring at a friend's home. (Las Vegas Sun)

In Ireland, the lethal toxin Ricin was found in the prison cell of a former Las Vegas poker dealer accused of conspiring with a Clare woman to kill her partner and his two sons. (Breaking News)

Knapp details the legal wrangling that led to a dismissal in the Gage trial while pointing out the absurdity of Gage's claim of being "vindicated" after 8 of 12 jurors in an earlier trial said he was guilty. (Las Vegas City Life)

District Judge Herndon unsealed the three year old malpractice suit against Judge Miley. (Review-Journal)

Finally, Congratulations to Las Vegas lawyer Aaron D. Lovaas who has been named by Mountain States Super Lawyers magazine as one of the top business litigators under 40 in the state of Nevada. (PR Web)

Thurs Roundup

Judge Leavitt's brother campaigns for his sister with bare knuckles, or at least strongly worded language. (Review-Journal)

Speaking of bare knuckles, the soon-to-be ex-Mrs. Gibbons came out of her corner fighting yesterday. She's asking the court to unseal the divorce proceedings and told the press that Governor Gibbons had an affair. (Review-Journal)

A discussion of how the Sands Corp. loss in the Macau businessman is more evidence of the company's financial woes. (Forbes)

Some families go on t.v. and play Family Feud. Others go to a Winnemucca bar and open fire on their relatives. (Review-Journal)

Next up on the D.A.'s casino debt hit list: Democratic party fundraiser Antonin Rezko, who has ties to Presidential candidate Barak Obama. (Las Vegas Sun)

Copper wire thieves face self-imposed electrocution. (Las Vegas Sun)

Juror dismissed because Rusty Hardin is [allegedly] an asshole

The Review-Journal reports:

A juror in the month-long civil trial against the world's 12th richest man was dismissed late Thursday after calling an attorney in the case an "asshole." . . .

The juror that was dismissed apparently blurted out the word while Sands attorney Rusty Hardin was questioning a witness, forcing Clark County District Judge Michelle Leavitt to stop the trial to determine what happened and who overheard the juror's remark.

Like everyone in the courtroom didn't already know Hardin was an [alleged] asshole. He sure seemed like an asshole when he represented Roger Clemens testifying before Congress.

I think the court acted too quickly. I mean . . . at least the juror was awake and paying attention.

Friday Roundup

The Reno-Gazette Journal filed a lawsuit for access to details about Gov. Gibbons concealed weapons permit [and then they reported on it]. (Reno Gazette-Journal) Meanwhile, the certification of the firearms instructor who certified Gov. Gibbons has been revoked (Review-Journal)

The Nevada Supremes ruled the $65 million refund granted to Southern California Edison by the state tax commission is invalid because the meeting was closed-door. (Reno Gazette-Journal)

In Endoscopy news: Whoops. Dr. Needles and his staff apparently failed to provide the names of 10,000 patients to investigators of the Hep-C outbreak and the 10,000 people haven't been notified. (Review-Journal) And the police have finalized a pact to give every clinic patient one copy of their records. (Review-Journal)

The former execs of Las Vegas based PurchasePro were excused in the software company's revenue-boosting scheme trial (Review-Journal)

Las Vegas Now has an interesting profile of former Mustang Ranch brothel owner Joe Conforte who is in hiding from arrest in Brazil (Las Vegas Now)

A Nevada professor was held in contempt for filing vexacious multiple lawsuits (Review-Journal)

In the teen [was it a gang hit] murder trial, during a preliminary hearing, schoolmates of victim indicated the alleged killer flashed a gang sign (Review-Journal)

In the Sands corp. trial over Macau fees, Judge Leavitt denied the Plaintiff's request for a mistrial (Review-Journal)

The Las Vegas Sun is hammering away again at the fact that Justice Court is silent in the afternoons (Las Vegas Sun) [at least this time they point out the judges are working on paperwork in the afternoons]

The Nevada attorney general’s office has opened an investigation into the state's handling of a case involving the deaths of two workers at the Orleans (Las Vegas Sun)

Former House Majority Leader Tom DeLay denied on Tuesday that in 2001, he blocked legislation that could have hindered China's Olympic bid on behalf of Vegas mogul Sheldon Adelson (Review-Journal)

Bullivant Houser Bailey launched a new sustainability industry group in honor of Earth Day (Earth Times)

Contract killing of a Judge and Prosecutor?

The Review-Journal reported this week that a Clark County jail inmate tried to hire another inmate to murder several public officials:

Authorities allege [Daimon] Hoyt, 42, offered to pay a fellow county jail inmate $30,000 to kill District Judge Michelle Leavitt [pictured left], county prosecutor Sandra DiGiacomo and Las Vegas police detective Bradley Nickell.

Hoyt [pictured right]appeared in court on Thursday for a hearing on alleged murder-for-hire attempt:

With the misspelled message "Stop the coruption" scrawled on his arms, the man accused of plotting to kill a judge, a prosecutor and a police detective appeared in District Court on Thursday morning wearing shackles and a grin.

http://www.lvrj.com/news/14309787.html

Why try to murder the Judge and Prosecutor? Hoyt thought he would get a tough sentence from Judge Leavitt for the burglary charge that put him in jail in the first place.

Even without the misspelling, this guy sounds like a genius.