Las Vegas Sun

December 2, 2009

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Cop-acquittal remark jeered

Friday, Feb. 7, 1997 | 11:59 a.m.

The attorney for Metro Police Officer Ron Mortensen vowed that the man charged with murder in the drive-by shooting death of a Las Vegas gang member will be acquitted -- drawing jeers and laughter from a crowded courtroom.

Mortensen pleaded not guilty Thursday to the charges that could put him in prison for life if he is convicted. District Judge Joseph Pavlikowski set an April 28 trial date for the 31-year-old rookie officer.

Sharing space with the types of people he used to arrest, Mortensen apparently will remain in the Clark County Detention Center until trial after Pavlikowski refused to reduce his half-million-dollar bail.

As friends and family of the victim and community activists watched, defense attorney Frank Cremen argued that the bail should be reduced to a level that would give Mortensen his freedom until trial.

Cremen noted that Mortensen had grown up in Las Vegas and had family ties here that would ensure he would not be a flight risk.

"There is nothing to suggest he would flee," the veteran attorney said. "He is not a wealthy man and cannot meet the bail set."

He predicted that because of "some extremely sensitive issues in this case" Mortensen will be found not guilty of the Dec. 28 shooting death of 21-year-old Daniel Mendoza.

Pavlikowski had to chastise the crowd that half filled the courtroom for the outburst that was a mixture of laughter and anger.

Deputy District Attorney John Lukens argued against reducing the bail, commenting that "the current bail is adequate and, if anything, it's on the low side."

Cremen fumed that the case against Mortensen "hangs on a thread of a hair of Christopher Brady," who said he was with the defendant when they confronted several gang members outside an apartment on McKellar Circle.

Brady, 25, came forward 36 hours later to confess his involvement and name Mortensen as the shooter. A Metro Police officer at the time of the crime, Brady has since resigned.

Although Brady was the driver who raced away from the death scene in the early-morning hours, he was not charged and prosecutors have declared that he is nothing more than a witness.

"Brady's credibility is extremely suspect," Cremen said.

In the end, Pavlikowski decided the current bail is adequate, explaining that the open murder charge against Mortensen requires a high setting.

The failure to charge Brady has angered many watching the case. Protests outside the Clark County Courthouse criticized the decision to let Brady walk free, and even several prosecutors have privately expressed concern that he is being given special treatment.

Daniel Bell, of the National Alliance Against Racist and Political Repression, vowed that the courtroom presence would continue and grow in size.

The intent, he said, "is to get justice in this trial and to make sure Brady is not excluded. The bottom line is that we don't trust what Brady is saying."

A protest march along the Strip is planned for Feb. 15.

Brady, who was a Metro officer for three years, resigned last month as the department's Internal Affairs Bureau began its investigation into the incident.

Cremen is seeking Pavlikow-ski's permission to take a deposition -- a sworn examination outside of the court setting -- of Brady. He also wants the former officer to turn over his truck and the clothing he was wearing the night of the shooting for testing.

Pavlikowski will conduct a hearing on the issue on Thursday.

Mortensen was arrested Dec. 31 -- three days after Mendoza was killed from one of six shots fired from a truck toward a group standing outside 537 McKellar Circle, near Flamingo and Paradise roads.

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