Life in Douglas County Jail on the
| Would he dispense justice even-handedly? Or, after
spending his whole professional life as a cop -- 11 years in Orange County, California,
then 17 in Douglas County -- would he be biased in favor of fellow sheriff's department
officers and the district attorney's office he'd worked with so long?
EnEarl hastened to assure county voters there would be no problem. He asserted he had conducted internal investigations in Douglas County for the last 15 years, had even once or twice recommended officer termination, and so had "insight."
But most significantly, EnEarl repeatedly assured Douglas County voters he was deeply concerned about their constitutional rights as Americans.
"Strong Belief in Individual Rights"
"because of my strong belief in individual rights and the experience I have gained in
both the public and private sector, [that] I am seeking this office," he told the
of the United States."
now the legal challenges begin.
Keyser-Cooper takes a well-known active
interest in due process and defendants' rights, she was consulted on the Hillman case by Electric
'No Jail Time' Commitment Broken
One of the justice court actions that Keyser-Cooper said she found
do," she told Electric Nevada,
"is file a writ, and what you need to do is publicize this to make sure this asshole
is not re-elected."
The Lost Right to Call Witnesses
was effectively denied his right to call witnesses, said Keyser-Cooper, when the East Fork
justice court refused to follow Nevada Revised Statutes 174.305 and 4.320 and issue blank
subpoenas to Hillman. Instead, EnEarl's constable conditioned issuance of the documents on
a demand that Hillman first fill them out, listing all his expected witnesses.
Too Little Time to Prepare a Defense
second way that the East Fork justice court demonstrated gross unfairness, said
Keyser-Cooper, was by denying Hillman adequate time to prepare his defense. EnEarl, on
October 29, had scheduled Hillman's trial for November 25, and when Hillman asked for a
60-day continuance, EnEarl denied it, saying he had given the defendant 30 days and that
was enough. In actual fact, EnEarl's own Notice of Setting -- specifying trial for 9 a.m.
November 25 -- had been issued (and dated) the 29th day of October.
"that he said he gave him 30 days,
when he didn't? Well, let me put it in context.
Ignores State Law on Dockets
was also astonished to learn that a recent check of the East Fork Justice Court's docket
for the Hillman case showed the court had failed to follow Nevada law -- NRS 4.230 -- and
keep the docket at all current. Although there had been court appearances, hearings,
motions, rulings and other case activity from September, 1996 through early March, 1997,
only one entry, at the start of that period, had been made.
EnEarl as Prosecutor
said Keyser-Cooper, EnEarl's practice -- demonstrated throughout the case -- of routinely
ruling against all Hillman motions, even though the District Attorney's Office virtually
never bothered to file a response, "shows tremendous bias."
doesn't have to do anything. You have the judge being
the prosecutor as well. And this is fundamentally unfair.
§ § §
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