Court briefs for August 8, 2001

Wednesday, Aug. 8, 2001 | 9:49 a.m.

Attorney wins suit against client

A District Court jury has awarded $2 million to a Carson City attorney who sued his rich client for failing to pay him and for misusing the legal system.

The jury Monday returned a verdict of $1.2 million in punitive damages and $800,000 in compensatory damages in favor of lawyer Daniel Walsh and against the late William Cody Kelly and his trust.

Walsh was the attorney for Kelly, who wanted to develop some of his Lake Tahoe property at a resort called Uppaway. Walsh won a court case allowing Kelly to go forward and in return Walsh was to get part interest in the units to be developed.

Kelly was not satisfied with the judgment and appealed to the 9th U.S. Circuit Court of Appeals. But Walsh refused to represent him. Kelly then hired a new lawyer to go through with the appeal. But Kelly was defeated on appeal, losing what he had gained in the lower court.

U.S. District Judge Edward Reed, commenting on Kelly's decision to appeal, said it was a "successful attempt to snatch defeat from the jaws of victory." Kelly's complaint claimed malpractice on the part of Walsh. The case bounced between federal and state court. And Walsh filed a counter-claim, which eventually made it to trial in Carson City. The Kelly suit was dismissed.

Murder charges dismissed in case

The Clark County district attorney's office has dismissed murder charges against one of two brothers in a fatal shooting nearly five years ago.

Chief Deputy District Attorney Christopher Laurent said he doesn't believe there is enough evidence to try Carlos Torres in the death of Alfonso Lazaro, 30.

Geovanny Torres, Carlos' brother, was convicted in June 2000.

Supreme Court turns down bail

The Nevada Supreme Court has turned down Jessica Williams' request to be released on bail pending the appeal of her conviction in the accident that killed six teenagers.

A three-judge panel made up of Justices Myron Leavitt, Nancy Becker and Cliff Young wrote that they believe District Judge Mark Gibbons' fear that Williams may flee because of her lengthy sentence is sufficient reason to deny her bail.

Williams, 22, was sentenced in March to 18 to 48 years in prison after a jury found her guilty of six counts of felony driving with a prohibited substance in her blood, a subsection of the state DUI law.

Judge rejects plea for FBI probe

A murder suspect who claims his victim was a mob enforcer out to kill him will not be afforded a federal investigation into his allegation that the prosecutors on the case have ties to the mob.

Anthony Cuccia Jr. seemed to take it in stride Tuesday when District Judge Donald Mosley told him he has no authority to demand the FBI look into whether prosecutors are being paid by the Gotti and Gambino families.

Cuccia is accused in the shooting of Philip Greenspan, 59, in the Stardust's sports book on Feb. 7, 2000.