Former officer to be freed today in disputed house-arrest case

Cathy Scott

Tuesday, April 14, 1998 | 10:14 a.m.

Former Metro Police officer Robert Phelan is scheduled to be released from house arrest today after serving five months with an ankle bracelet.

Sgt. Barry Payne, in charge of Metro's house-arrest detail, said the bracelet would be removed from Phelan some time between 8 a.m. and 4 p.m.

Former Metro Sgt. James Campbell and former Officers Brian Nicholson and Phelan were sentenced by District Judge Lee Gates in October to the Clark County Detention Center. As the three were being prepared by the jail to be released on house arrest, Gates amended his court order, adding "no house arrest" at the bottom of the orders, stopping their release under house arrest.

Eighteen days later, the Nevada Supreme Court overturned Gates' amended court orders pending a hearing and the three were released under house arrest.

The Supreme Court last week ruled that Gates had no jurisdiction over the jail, which is run by Metro.

Campbell and Nicholson are scheduled to be released from house arrest on June 28, Payne said.

While on house arrest, the three have been allowed to leave their homes only to report to work.

The three were indicted in 1995 on charges of oppression under the color of law after a confrontation with 40-year-old Andrew Dersch in a security room at the Fremont hotel-casino. The confrontation was videotaped on a security surveillance camera and later released to the media.

They were convicted in 1996, but the verdict was thrown out because of a tainted juror. They later plea bargained.