Judge: Abuse allegations won’t affect youths’ cases

Kim Smith

Tuesday, July 24, 2001 | 10:45 a.m.

A Family Court judge told attorneys representing a group of boys accused of rioting at a juvenile prison that she doesn't believe allegations of sex and drug abuse at the facility should affect how she handles their cases.

District Judge Cynthia Dianne Steel did say, however, that she would wait until after she reads the youths' psychological evaluations before determining if the boys should be tried as adults.

Eight of 13 juveniles charged with causing more than $12,000 in damage at the Summit View Youth Correctional Facility appeared before Steel on Monday. The judge was scheduled to hear arguments on whether the boys should be certified as adults.

Four of the boys' attorneys instead asked Steel to delay the hearing so they could investigate further allegations lodged against the facility by the boys and former employees.

The attorneys believe the boys' actions were justified because of abuse and misconduct allegedly going on at the year-old facility, which is operated by Youth Services International, a Florida-based, for-profit company.

To support their motion, the attorneys submitted the sworn depositions of two former employees who allege young female employees have had sex with boys and fellow employees at the facility.

The two employees, both women, also alleged alcohol and drugs have been supplied to the inmates.

In addition, the women stated several of the inmates became frustrated because the rehabilitation programs offered at the facility were constantly changing, leaving them in the dark as to their release date.

Facility administrator Jason MacIntyre said in a telephone interview Monday he was unaware of the allegations about sex and substance abuse. He said the programming at the facility is constantly being enhanced, and the uprising was the result of boys who weren't pleased with recent changes.

Steel said none of the allegations pertain to the merit of the charges filed against the teens or whether they should be tried as adults.

"We are not here to try the case or to try the institution," Steel said.

Defense attorneys James Guesman, J.D. Evans and William "Lew" Wolfbrandt insisted the psychological stress of the situation drove the boys to lodge the June 1 "protest." While they have not yet received their clients' psychological evaluations, the lawyers said they were confident the reports will back up their claims.

Steel delayed four of the boys' certification hearings until Monday, at which time she will read the psychological reports and decide whether the boys should be certified as adults. She said she might be willing to reconsider the attorneys' request for further investigation at that time.

The judge transferred three of the other youths into adult court after their attorneys informed her they had entered plea agreements.

Aaron Newmon, 15, and Jonathon Nelson, 16, will plead guilty to misdemeanor rioting in North Las Vegas Justice Court later this month. As a result, they will each face up to six months in jail and a $2,000 fine.

Anthony Lucas, 18, will plead guilty to conspiracy to disturb the peace, a gross misdemeanor, in District Court. He will face up to one year in jail and a $2,000 fine.

The hearing for the eighth youth was postponed.

As for the five other juveniles charged, Chief Deputy District Attorney Bob Teuton said he is no longer asking for one of the boys to be tried as an adult. Two of the other youths have already taken deals with the state and two more will appear before Steel later this week.

Wolfbrandt said after the hearing he doesn't want his client to accept a deal, because once a youth is certified as an adult, he will remain an adult in the eyes of the judicial system.

"He's only 16 and he's in need of services that are in the purview of the juvenile system," Wolfbrandt said.

Seven other inmates were charged as adults in connection with the uprising.

Two of them, Paul Mendez and Daniel Cronin, both 18, face between one and five years in prison after agreeing to plead guilty and no contest, respectively, to malicious destruction of property. They will be sentenced Sept. 5 by District Judge Sally Loehrer.

The other five were scheduled to plead guilty last week, but asked for a postponement. They wanted to know if Steel would give the younger boys' attorneys time to investigate further.