Judge closes horse-shooting hearing, ponders venue change

Scott Sonner

Friday, April 14, 2000 | 2:55 a.m.

VIRGINIA CITY, Nev. - A judge rejected media objections Friday and closed a hearing in the case of Nevada's wild horse shootings after saying the trial might have to be moved because of pretrial publicity.

Judge Michael Griffin ordered the courtroom cleared for a hearing on a motion to suppress partial confessions by two of the three former high school buddies charged in the case. A ruling on the motion was expected late Friday.

"The proposed closure of the hearing is a matter of constitutional significance," said Phillip Bartlett, representing the Reno Gazette-Journal, the Nevada Appeal and The Associated Press.

Griffin acknowledged he was taking an unusual step - closing a hearing for only the third time in 20 years on the bench - but said opening it to the public would further jeopardize his ability to seat a jury and ensure the defendants' right to a fair trial in this tiny tourist community.

"It may make it impossible to try this case in Storey County. I've already expressed concern about selecting a jury in the county," Griffin said.

"There has been a lot of publicity about this case nationwide and locally in Nevada," he said.

Anthony Merlino and two ex-Marines, Scott Brendle and Darien Brock, are accused in the shooting death of one wild horse in the hills east of Reno.

The three originally were charged with killing more than two dozen mustangs. Last month, Griffin threw out all but a single charge, citing a lack of evidence.

Griffin said Friday that he had received more than 200 letters criticizing him for dismissing most of the charges.

"There are strong opinions about wild horses on the range in this area," Griffin said.

Griffin said Storey County is an unusual situation because its entire population is 3,700 with only 1,700 registered voters.

"My concern is any more information that is disseminated just two days before the trial has the potential to affect my ability to pick a jury from a limited population base and when I already face difficulties," he said.

The judge then emptied the courtroom for Brock to testify on the motion to suppress the partial confessions.

Bartlett said he was surprised the judge closed the hearing because neither the prosecutors nor any defense attorneys requested the move.

He said he would recommend the media outlets appeal the decision to the Nevada Supreme Court.

Bartlett said no pre-trial hearing is supposed to be closed without showing a public hearing would present a "substantial probability" of tainting the trial.

"The media and public interest in the openness of this process outweigh the rights of the defendants," he said.

In considering the cost of moving the trial to another venue, Judge Griffin cited the county's financial woes, due in part to lower tax collections after the federal government closed the Mustang Ranch brothel. He said neighboring Pershing County has spent up to $500,000 prosecuting serial killer Gerald Gallego.

"For a small county, it is a concern," he said.

Bartlett said there were other alternatives short of closing the hearing.

"I cannot believe that every time in this state that you have a small jurisdiction and you have a case of notoriety that you can close a pre-trial hearing," he said.

"If it comes down to the point a change of venue is necessary, I don't think the cost and inconvenience of moving the trial should outweigh the freedom of the press and the right of the accused to a speedy trial."