Convicted stalker intended to harm nobody, pal says

Art Nadler

Tuesday, June 2, 1998 | 9:43 a.m.

The friend of a man convicted of stalking two United States congressmen says he should be considered a hero -- never intending to kill anyone.

Patrick Potter said shortly after Michael McCusker was convicted of two counts of aggravated stalking Monday that his friend was attempting to reach Sen. Harry Reid, D-Nev., and Rep. John Ensign, R-Nev., to warn them of tourists being assaulted in Mexico.

"He (McCusker) went to Mexico, and he was robbed," Potter said. "He attempted to talk to the two congressmen, but Ensign and Reid did nothing."

However, voice mail left at Reid's office by McCusker July 12 seemed to contradict this view. It stated:

"The TV people like blood and guts, and that's what I will give them. This disaster will make every TV network in Nevada. This final action will be dedicated to Nevada clowns like Reid and (Gov.) Bob Miller, who don't have the backbone to join the struggle for justice."

Court documents showed that McCusker did carry a .22-caliber pistol to Reid's office, where he shot himself in the chest on March 18, 1996.

Deputy Public Defender Patricia Justice felt the jury never really understood her client's true intentions.

"I think we have an individual who at one time was suicidal," Justice said. "I don't believe the elements were there (that he intended to threaten Reid and Ensign.) My client intended to hurt himself, and he did shoot himself."

But Deputy District Attorney Abbi Silver said that argument never really had merit. She said when McCusker left the threatening phone messages, he crossed over from simply being suicidal and wanting to bring attention to the plight of tourists in Mexico.

"People can't make these types of threats," Silver said. "You don't have a First Amendment right to do that, when you say you are going to 'teach someone a lesson.' Clearly, this had accelerated when he continued to leave voice mail."

District Court Judge Joseph Bonaventure set sentencing for Aug. 20. McCusker faces a 12-year prison sentence.

Upon being taken away in handcuffs and chains, McCusker said he wanted to talk to the media and tell his side of the story. He said he had kept silent during the trial on his attorney's advice.

"I'd like to tell my side of what happened in Mexico," McCusker blurted out to Bonaventure.

The judge said he could talk to whoever he wanted.

"It wasn't a long trial," Bonaventure told the jury upon hearing the verdict. "There were interesting issues in this case. He (McCusker) wanted his day in court, and he received it."

Both Reid and Ensign testified at McCusker's trial. Reid, when contacted late Monday afternoon, said he had nothing more to say, other than that he believed in the jury system and that it's the "bulwark of our society."

"I certainly feel safer for myself, my family and my staff now that Mr. McCusker has been convicted," Ensign said though his public spokesman, Jack Finn. "At the same time, I do feel pity for Mr. McCusker, and I hope he somehow turns his life around during his time in prison."

McCusker was charged with two felony counts of stalking between December 1995 and July 1997. Each conviction carries a one- to six-year prison sentence.