Attorney off the hook in hit-and-run case

Kim Smith

Wednesday, June 6, 2001 | 10:34 a.m.

The fiancee and former attorney of a Las Vegas man accused of killing three people in a hit-and-run accident in April will not be charged in the case.

A Clark County grand jury Tuesday, on the advice of the district attorney's office, declined to indict Elizabeth Baclaan and Mace Yampolsky on obstruction of justice and accessory charges. They also declined to indict Baclaan on perjury charges.

The grand jury had asked the district attorney's office if they could indict the pair after hearing Baclaan's testimony during Mitchell Dettloff's grand jury proceeding.

Members of the grand jury apparently believed the pair helped Dettloff avoid arrest after the April 22 accident that took the lives of Benjamin Barton, 8, Holly Barton, 33, and Brian Cooper, 30.

Prosecutors allege Dettloff left his travel lane on Interstate 15 and forced the Bartons' vehicle to collide with Cooper's vehicle, which was heading in the opposite direction.

They further allege Dettloff then got out of his car and screamed obscenities at the victims.

Prosecutors have found witnesses who say Dettloff spent many hours after the accident drinking and receiving lap dances at a local topless club. Witnesses also say Dettloff went to the tow yard the next day to look at the wrecked vehicles.

When Yampolsky, Dettloff's attorney at the time, learned prosecutors intended to ask for a $4 million bail, he set up a bail hearing for April 27 and instructed Dettloff to turn himself in at that time.

However, prosecutors and police were not pleased with that arrangement. After conducting a citywide search, the Nevada Highway Patrol and Metro officers arrested Dettloff April 25 at the Rio hotel, where he had been staying with Baclaan in a room registered under her name.

Dettloff was indicted May 8 on four counts each of leaving the scene of an accident and reckless driving and three counts of involuntary manslaughter.

According to a memo written by District Attorney Stewart Bell, it is clear that Baclaan lied during grand jury testimony. However, to charge her with perjury, the lies have to pertain to material facts -- facts pertaining to the accident itself.

However, Baclaan only lied about Dettloff's actions after the accident, Bell said. Baclaan told grand jurors she and Dettloff stayed at home after the wreck.

Baclaan also offered testimony that contradicts that of the tow yard owner.

Bell said Baclaan cannot be charged with obstruction of justice because she made it clear she was following Yampolsky's advice.

As for Yampolsky, there is no evidence to indicate he provided "actual assistance" to Dettloff in fleeing from police, and there are no laws that direct defense attorneys to turn in their clients, said Chief Deputy District Attorney Gary Booker.

Booker said the grand jurors are so concerned about what happened in the case that they intend to draft a letter to the State Bar of Nevada. They will ask the bar to develop a protocol that would dictate what attorneys should do in similar circumstances.