Lawyer for dead French citizen says coroner withholding autopsy

Keith Paul

Tuesday, Feb. 13, 2001 | 11:14 a.m.

A lawyer for the family of a French citizen who died during a struggle with guards in the Clark County jail said the coroner is withholding the autopsy report needed to prepare for an inquest that will determine if the guards' actions were criminal.

"One of our problems is that the family and their attorneys are entitled to propose questions, and without reviewing the autopsy report, we would be at a disadvantage," said Paul Hoffman, a noted civil rights attorney. "Our questions will give the proceedings some integrity."

At a press conference Monday, Sheriff Jerry Keller said nine jail officials -- two sergeants and seven guards -- were relieved of duty Monday morning and put on paid leave pending the outcome of the inquest into the Jan. 4 death of 33-year-old Philippe Le Menn. A coroner's jury will hear the case Feb. 23.

The guards were put on leave after Clark County Coroner Ron Flud on Monday said the manner of Le Menn's death was homicide and the cause asphyxia.

Keller said putting the guards on leave was standard department procedure, and their names would be released 48 hours after they were put on leave -- a department policy.

Flud said homicide is defined as a person dying at the hands of another and does not determine whether there was any criminal action. An inquest jury will determine whether the death was justifiable, excusable or criminal homicide.

"Mr. Le Menn did not die from any traumatic injuries," Flud said.

The toxicology tests found no drugs in Le Menn's system.

Flud would not release any other information about the autopsy, stating it will be up for the inquest jury to rule. He added he will not release the autopsy report to the family to ensure the information doesn't get out and potentially taint the jury pool.

But Hoffman said he needs the autopsy report, since he will be allowed to submit questions to be asked of the witnesses.

"We will see if there is a way we can get a copy of the report before the inquest," said Hoffman, who added he and his clients have not decided if they would go to court to force Flud to release a copy.

Since 1980 more than 85 coroner inquests have been held into deaths involving Las Vegas Valley officers, and no jury has ruled a death to be criminal.

Gary Peck, American Civil Liberties Union of Nevada executive director, doubted a "full and fair conclusion" of the Le Menn case could be determined from an inquest because of the history of findings.

Regardless of the outcome, a federal lawsuit will be filed after the inquest, Hoffman said.

Information about Le Menn's death will be brought out in the depositions of witnesses and gathering of evidence for the civil suit, Hoffman said.

Le Menn's family, their attorney and the ACLU have been requesting that the FBI or another federal agency investigate since Le Menn's death.

Monday Keller announced Metro has turned over all of its information in the case to the FBI because of the public outcry.

"I can guarantee every citizen, tourist and international visitor our investigation will establish the facts," Keller said. "There is no room for opinion, innuendo and allegations without substance."

Keller chided those who have made allegations before all the facts have been established. Keller did not mention names, however, Peck of the ACLU, which is acting as local legal representation for the Le Menn family, has been commenting publicly on the case.

"From the beginning, Metro has repeatedly stated their officers did nothing wrong," Peck said.

While Philip Moreau, Le Menn's cousin who lives in Los Angeles, said he is pleased that Metro turned over information in the case to the FBI, FBI officials will not say if they have opened a probe into Le Menn's death.

"We do not comment about specific cases, and we don't provide details about if a case is open or if a particular person is under investigation," Special Agent Daron W. Borst, spokesman for the FBI's Las Vegas office, said.

The U.S. Justice Department would decide if a criminal case is pressed in civil rights violation incidents, and the FBI acts as the investigative agency for the Justice Department, Borst said.

The events that led up to Le Menn's death began about 9 a.m. Jan. 4, when Clark County School Police arrested Le Menn at Marion Earl Elementary School after reports that he banged on the doors of a school bus, put his arm around a child and yelled at officers, "I'm here to help the children. I'm here to save them."

Le Menn was booked into the jail on three misdemeanors. Police said Le Menn stripped off his clothing, plugged up the toilet and flooded the cell. He was also making bizarre statements about being Christ.

Le Menn was handcuffed and taken to another cell that was equipped with a videocamera, which enabled jail officials to watch him. Jailers were concerned about Le Menn's mental stability after the statements.

Once a guard took off one handcuff, the struggle with Le Menn started. As many as five officers wrestled with Le Menn in the small cell for about five minutes before he stopped moving. Guards started CPR, but Le Menn later died.

The way Le Menn died and the fervor over the investigation has made it hard for his relatives and friends to mourn, Moreau said.

"When I kissed his head (at the viewing), I promised him I would get him justice no matter what it takes," he said. "And I will get it for him."