Jury tough to find for trial of 3 former cops

Bill Gang

Thursday, March 21, 1996 | 11:59 a.m.

Publicity has hampered jury selection in the trial of three Metro Police officers on charges that they brutalized a suspect in a video-scanned downtown casino security room and then lied about it on a police report.

About three-quarters of the prospective jurors indicated on questionnaires that they were aware of the case. The job for prosecution and defense attorneys Wednesday was to determine whether the citizens still could be fair if they were chosen to determine the officers' fates.

Jury selection was expected to conclude today in District Judge Lee Gates' courtroom in the case that originally attracted the attention of television tabloid shows in addition to local media.

The indictment against Sgt. James Campbell, 47, and Officers Brian Nicholson and Robert Phelan, both 26, alleges they beat and threatened to use a police baton to sodomize 39-year-old petty theft suspect Andrew Dersch in a Fremont hotel-casino security room.

The indictment also alleges that efforts were made by officers to ensure the destruction of the videotape that had recorded some of their acts.

Tape not destroyed

But the tape was not destroyed, instead finding its way to the hands of Metro's internal affairs investigators and the district attorney's office.

In the video, Phelan is shown slamming his fist into Dersch's chest and then throwing the suspected coin thief into an adjoining room where his head is cut open as it hits a desk.

A Clark County grand jury indictment charges the trio with conspiracy to commit oppression under the color of office, battery with a deadly weapon, perjury and filing of a false report by a public officer. The battery with a deadly weapon and perjury charges were kicked out by Gates on legal grounds well before trial.

The incident began on June 11 when Metro officers were called after Dersch was apprehended by Fremont security guards purportedly for stealing coins from a gambler's slot machine tray while an accomplice distracted the tourist.

On the videotape, Dersch denied the allegations and charges were never filed because the victim left the casino without notifying security officers.

Obstructing an officer

But Dersch was arrested by the trio of officers on charges of obstructing a police officer for failing to give his true name, resisting a police officer and contempt of court in a Family Court case for failing to pay child support.

The city attorney's office declined to press the criminal charges, although Dersch was jailed in the child support case.

Dersch, who was held in jail from June 12 to June 22, was paid $2,000 in cash and $1,700 toward back child support by Metro as part of a civil settlement of the case.

He and his attorney, Robert Archie, are seeking additional compensation from Metro but that effort is tied up in federal court and has been hampered by Dersch's additional arrests for coin thefts. He currently is awaiting sentencing after he pleaded guilty to attempted burglary.

The officers, part of the northeast area command's bike patrol, were placed on administrative leave with pay June 17 when an internal Metro investigation began.

After the indictment was returned Aug. 17, Sheriff Jerry Keller suspended them without pay and later fired them.