Milko noisily accepts plea bargain

Kim Smith

Wednesday, Aug. 16, 2000 | 10:57 a.m.

Perennial political candidate Hilary Michael Milko pleaded guilty in a 2-year-old criminal case Tuesday, but only after raising such a ruckus that the judge threatened to duct tape his mouth shut.

Milko, 43, was arrested twice in 1998 for two incidents in which he allegedly burglarized the house of his former girlfriend, who is the mother of his son.

The former presidential, gubernatorial and mayoral candidate was sentenced to 16 months to six years in prison for one of the incidents last August. On Tuesday a competency hearing was held to determine if Milko could go forward with the second trial, which was also scheduled for Tuesday.

Before the hearing Milko repeatedly told his court-appointed attorney Gregory Denue that he wasn't his attorney, that the case couldn't go forward because criminal charges were pending against the prosecutors and judge and that the Nevada Supreme Court had issued a stay.

None of those statements were true.

Bailiffs repeatedly told Milko to sit down and Denue warned him that District Judge Jack Lehman would not put up with any disruptions. One bailiff placed a piece of duct tape on the defense table.

Milko was quiet as a doctor testified he was competent to stand trial and that he believed he was faking symptoms of mental illness. After the doctor left the stand, however, Milko began voicing his objections to the judge.

When Milko persisted, Lehman replied, "If you open your mouth again, I'll have it taped up." He then read him the statute that allows prisoners to be bound, gagged or removed during trials.

Prosecutors Susan Krisko and Victoria Villegas then offered Milko a 12- to 30-month sentence that could run at the same time as his earlier sentence. Milko demanded the offer be placed in writing.

Midway through jury selection, Milko was given the formal plea agreement, which he accepted. However, he asked a dozen times if he could back out if the judge gives him one more day than the plea agreement calls for.

He is scheduled to be sentenced Sept. 18.