Lawyers will stay on Vigoa robbery case

Kim Smith

Friday, June 22, 2001 | 9:54 a.m.

A Las Vegas justice of the peace this morning denied defense attorneys' request to be removed from the Jose Vigoa case.

Justice of the Peace James Bixler also set aside four days in December to conduct a preliminary hearing for Vigoa and his co-defendant, Pedro Duarte, 37.

Vigoa, 40, has been charged in five casino robberies and in the shooting deaths of two armored truck guards in Henderson. Duarte, his brother-in-law, was charged Monday in one of the casino heists.

A third man, Luis Suarez, 36, also faces charges in one of the robberies, but he and Vigoa have already been bound over for trial in that case.

Deputy Public Defenders Steve Immerman and Drew Christensen had asked to be removed from Vigoa's case because their office represented Duarte in a domestic violence case eight years ago.

Duarte's current attorney, Michael Cristalli, told Bixler this morning he agrees that the public defenders should be replaced.

Cristalli said that hypothetically speaking, the public defenders could have access to information from Duarte's old case that they could use to hurt Duarte in the new case and help Vigoa.

Chief Deputy District Attorney David Roger argued against replacing the public defender's office, saying 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.

The case file probably no longer exists and his former attorney is prohibited by law from discussing the case, Roger said.

Bixler said even though the defense attorneys privately gave him another reason they believe a conflict exists -- one that the prosecutors aren't privy to -- he sees no reason they can't represent Vigoa.

Bixler also denied Immerman's request for a hearing to discuss the extraordinary security measures being taken in the case. Every time Vigoa, Suarez and Duarte come to court they are escorted by nearly one dozen Metro SWAT officers. In addition, the last two hearings have been closed to everyone but the media.

Immerman said he has been provided no reason for the extra security and he would like to know why such measures are being taken.

"Save your breath, that ain't gonna happen," Bixler said.

Police and jail officials want the added security and what they want goes, Bixler said.

In addition, Bixler denied Immerman's request to set a two-week long preliminary hearing in January.

Bixler set aside four days, from Dec. 3 through Dec. 6.