Floyd’s attorneys waive hearing

Bill Gang

Friday, June 25, 1999 | 12:24 p.m.

Unsuccessful in their legal efforts to prevent the live broadcast of the proceedings, the attorneys for the man accused in the Albertson's slayings called off today their client's preliminary hearing.

Zane Floyd, on the advice of his public defenders, waived his preliminary hearing, sending the closely watched case directly to District Court for arraignment and a trial.

In the process, Floyd undercut the plan of Deputy District Attorney Bill Koot to obtain the testimony on videotape of two witnesses he fears may not be available for trial.

The downside for the defense is that there will be no chance to question witnesses about the June 3 incident until a trial in District Judge Jeff Sobel's courtroom.

Deputy Public Defender Curtis Brown said he believes the tradeoff is worth it because "from our standpoint, it increases the chances of obtaining a fair trial."

The defense team had challenged the propriety and legality of having today's preliminary hearing broadcast live on the Las Vegas 1 cable news channel, but judges at three court levels -- including the Nevada Supreme Court -- approved the live telecast.

The defense lawyers had contended a live broadcast would have tainted the pool of prospective jurors for the eventual trial by providing details of the case that would not be available through normal television news broadcasts or newspaper accounts.

Koot charged that the defense also didn't want the testimony of a couple of witnesses recorded for presentation to a jury at trial in the event those witnesses are unavailable.

One of those is a 20-year-old woman who said she was sexually assaulted by Floyd just minutes before the early-morning rampage at the supermarket at Valley View Boulevard and Sahara Avenue.

Koot said it was even difficult to obtain her availability for the Justice Court preliminary hearing and that a material witness warrant had to be issued for her apprehension, although it did not need to be served.

The prosecutor, however, said the woman -- an outcall entertainer who was called to Floyd's home -- has no local roots and may be difficult to find for a trial that may not occur for months if not a year.