Lawyers, families of victims battle over child protection bill

Kiley Russell

Thursday, March 18, 1999 | 9:25 a.m.

CARSON CITY - Requiring people to tell police when they believe a child is being treated violently or sexually abused is a nice idea, but a proposed "Sherrice Iverson" bill appears unconstitutional and may backfire on law enforcement, defense lawyers say.

The bill, which was inspired by the 7-year-old girl's rape and murder in a Nevada casino, also would eliminate attorney-client, doctor-patient, reporter-source and husband-wife privileges in cases where people had a reasonable belief that someone younger than 18 was being abused.

"I think that's a real problem, a real constitutional problem," David Gibson, a deputy public defender in Clark County, told a joint Judiciary Committee Wednesday. "This bill is more of a 'Sound of Music' bill - it's like those little kids running around telling on their parents. It scares me."

AB267 would allow six month jail terms for people who don't tell police when they witness violent or sexual child abuse. Witnesses who don't act as "Good Samaritans" and tell police as soon as possible about such crimes could be exposed to civil lawsuits as well.

Assemblyman Richard Perkins, D-Henderson, a police officer, introduced the bill two years after the girl was raped and strangled in a Primm casino bathroom by Jeremy Strohmeyer, who ultimately was sentenced to life in prison.

Strohmeyer's friend, UC-Berkeley student David Cash, was roundly criticized because he saw the beginning of the attack but didn't report it. He also wasn't prosecuted, because Nevada doesn't have a law requiring him to do inform police.

However well intentioned, Gibson said, Perkin's bill would make it more difficult for prosecutors and public defenders to persuade witnesses to testify in court.

"Now we'd have the situation where we'd bring in a witness that did not report the abuse in a timely manner and you'd have another dog-and-pony show. That witness could be prosecuted for not coming forward," Gibbson said.

The law would lead to a society of snitches, according to Richard Wright, a criminal attorney from Las Vegas.

"All of the privileges would no longer exist and you'd be required to inform on your neighbors," Wright said. "Then we'd all become informants under the law."

But Assemblyman Greg Brower, R-Reno, said the bill "deals with children and that's all. And I would suggest that putting our noses into other people's business when child abuse is taking place is our business."

The president of the Sherrice Iverson Children's Foundation and Justice Campaign came in from Los Angeles to urge lawmakers to pass Perkin's bill.

"I realize political bodies are somewhat hesitant to legislate morality," Najee Ali said. "However, I do believe it is possible to legislate requirements for protection of children who cannot protect themselves."

"It shouldn't be too much to ask people to make a single phone call to protect children from abuse," he said, adding that Cash had made a laughingstock of Nevada's legal system and has shown no remorse for not helping Iverson.

Ron Cornell from Henderson also backed Perkin's bill. Cornell, whose son was murdered last year, is a member of Families of Murder Victims, a support group.

"The law protects the criminal and not the victims and their family. Until we make people accountable for their action, or lack of action, I'm afraid there will be more cases like Iverson's," Cornell said.