Attorney says victim victimized twice

Robert Macy

Thursday, Jan. 27, 2000 | 1:01 a.m.

An attorney says an escort service dancer who was raped by an accused mass murderer is being victimized a second time by being jailed as a witness in the slaying case.

Attorney Chip Siegel was appointed by District Judge Jeffrey Sobel to monitor the status of Tracie Rose Carter, who is currently being held in the Clark County Detention Center on $50,000 bail.

Carter, 21, is considered a material witness in the murder trial of Zane Floyd, the man accused of killing four people and wounding a fifth in a June 3 shooting rampage at an Albertson's supermarket. She was arrested Sunday after failing to check in with prosecutors.

"Her emotional state is identical to anyone who was raped and is now sitting in jail," Siegel said Thursday following a court hearing for Carter. "We don't usually put rape victims in jail."

Siegel said he met with Carter for two hours Wednesday after he was asked by Sobel to intervene as a friend of the court. He said Carter was distraught by her ordeal.

"She's been raped, she finds herself in the middle of a high-profile case, and she's six months pregnant," Siegel said.

Sobel said he did not want to add to Carter's burden.

"She is the alleged victim," the judge said. "I do not want to visit on her additional problems."

The judge said he assumed Carter was receiving proper pre-natal care at the jail.

Carter was working for the Love Bound outcall service in June when she was called to Floyd's home. Employees of such services respond to calls, usually to hotel rooms, to dance for clients.

Carter told police that Floyd raped her, then told her he had a gun and 19 bullets and intended to kill the next 19 people he saw. He then walked from his home to the nearby store, opening fire on customers and employees. He surrendered to police after first threatening to kill himself. He faces 15 counts including murder and rape.

Prosecutors have said Carter is a key witness in the case and tried to obtain a deposition of her testimony in the event the former Portland resident left Las Vegas before the March 6 murder trial. Sobel said earlier he would not require the deposition.

Clark County District Attorney Stewart Bell was in court Thursday to stress the state's need for her testimony.

He said Carter would remain in jail even if she made the $50,000 bail because she has a warrant pending from Oregon. He did not know the nature of the Oregon charge.

Siegel said he wanted to make sure Carter was receiving the proper medical care and would pursue a videotaped deposition in hopes of freeing her from jail.

"I would hope this would get us over the hurdle of her being a material witness," Siegel said.

Carter appeared at Thursday's hearing but made no comment.

The judge ordered that photographers in the courtroom take no pictures of her.