DA asks judge to keep public defenders on Vigoa case

Kim Smith

Thursday, June 21, 2001 | 10:51 a.m.

Prosecutors are fighting public defenders' efforts to be removed from a case involving a series of casino heists and a double homicide.

According to court documents filed this morning in Las Vegas Justice Court, Chief Deputy District Attorney David Roger says that not only would it be "fiscally irresponsible" for Justice of the Peace William Bixler to remove the public defender's office from the Jose Vigoa case, but there is no legal basis to do so.

Vigoa is facing 46 criminal counts pertaining to the robberies of five casinos and the shooting deaths of two armored truck guards in Henderson.

Vigoa is currently being represented by Deputy Public Defenders Drew Christensen and Steve Immerman. However, the two have told Bixler they don't believe they can represent Vigoa because their office once represented one of his co-defendant's on a weapons charge.

The attorneys argue that it would be unfair for them to stay on the case because they may end up with information gleaned from the old case that could be used against other defendants.

Pedro Duarte and Luis Suarez, Vigoa's brothers-in-law, have been charged in connection with two of the heists.

Roger maintains that the information the public defenders may come across is a matter of public record anyway.

Moreover, Roger, in his motion, argues that Duarte's old criminal case was dismissed nearly eight years ago, and the attorney who represented him has since retired.

Under state law a conflict only exists if the older case is of a "similar or substantially related matter" and if the information about that case is generally known.

Duarte was arrested in 1993 after he allegedly pointed a gun at his wife's former husband and former father-in-law. Roger said that case has nothing to do with the current cases, and the public defender's office didn't represent him for very long because the case was dismissed when the state's witnesses didn't show up for Duarte's preliminary hearing.

Roger also pointed out that the public defender's office tried to withdraw from the case a few months ago because the office represented Suarez on a drug charge in the past.

District Judge Kathy Hardcastle denied that request for the same reasons Roger outlined in today's motion.

Should Bixler grant the defense attorney's motion, Roger said the case could easily cost county taxpayers in excess of $200,000.

Since it is likely the death penalty will be sought, two attorneys will be required to represent Vigoa.

Private attorneys are paid $75 an hour, and the preliminary hearing will take at least two weeks and the trial eight weeks, Roger said. Private investigators would also have to be hired.

"At a time when the county manager has instituted a hiring freeze, based upon a sluggish economy, it would be wrong to appoint private counsel when there is no legitimate basis for allowing the public defender to withdraw," Roger wrote.

Bixler is scheduled to make a decision Friday