Attorneys move to have trial stopped

Bill Gang

Thursday, Sept. 2, 1999 | 11:14 a.m.

An emergency motion has been filed with the Nevada Supreme Court that could stop the murder trial of Terrell Cochise Young.

The motion, filed by attorney Ben Childs who was hired by the defendant's family, contends that Young's constitutional rights have been violated and Nevada Supreme Court rules governing death penalty trials have been ignored.

Childs and his associate Terence Dickinson allege that court-appointed attorneys Lew Wolfbrandt and Martin Hastings have not done everything they should to represent Young.

Young has filed motions to have his lawyers replaced, but District Judge Joseph Pavlikowski has repeatedly ruled against him.

Childs and Dickinson say that despite being a high school dropout and speaking a black street dialect similar to ebonics, Young was required to argue his own motions to replace his lawyers in court.

The pair added that court rules require an independent attorney be named to represent him on such matters.

They state that high court intervention is critical because Young's outbursts in court Wednesday on the first day of jury selection resulted in Pavlikowski removing him from the courtroom for the duration of the trial.

At one point Young yelled repeatedly that he can't stand trial while being represented by attorneys who are biased against him.

Dickinson complained after Young was removed that he should at least be allowed to observe the trial -- which could result in a death penalty for him if he is convicted -- via closed circuit television.

The emergency motion states Young can't communicate with his court-appointed lawyers and little attempt was made by them to keep in contact with their client or let him know the status of the case and let him participate in the defense.

Wolfbrandt and Hastings were ordered in June to visit Young at least once a week, but the court motion alleges the lawyers visited their client only once a month.

Childs had filed a similar emergency motion in federal court earlier this week, but he said U.S. District Judge Philip Pro ruled that it was premature to seek relief from the federal court system because the state court trial had not yet concluded.

Childs said the appeal to the Nevada Supreme Court was faxed to Carson City late Wednesday afternoon and he is hoping for a response this week.