Woman denied daily makeover during trial

Kim Smith

Friday, Nov. 16, 2001 | 8:45 a.m.

A Las Vegas woman accused of beating a 5-year-old girl to death won't be allowed to undergo a 90-minute daily makeover during her trial.

Defense attorney Joseph Scalia, who represents Martha Flores, asked District Judge Joseph Bonaventure Thursday to allow Flores to arrive at the courthouse early every day of her trial so she could be "made presentable" for her jury.

Flores, 26, is accused of beating her 5-year-old stepdaughter, Zoraida Flores, to death in January and is scheduled to go to trial early next year.

Scalia said that although he realizes it would be inconvenient for jail staff to accommodate Flores, a client's appearance is crucial.

Bonaventure noted that not even high-profile murder defendants, such as Sandy Murphy and Margaret Rudin, were given such consideration. They applied their makeup in a holding cell at the jail and both looked "acceptable," he said.

The judge asked what would happen if he granted such a motion. Afterall, he said, he would still be presiding over his morning calendar.

"Where am I going to put her? Am I supposed to make her comfortable in my chambers?" Bonaventure asked.

Scalia said he was particularly worried about Flores' hair, which was once highlighted, but is now growing out. The judge suggested he contact the jail about rectifying the problem.

Defense attorney John Momot, who represented Murphy when she was on trial for the murder of gambling figure Ted Binion, said a defendant's appearance is important.

Defense attorneys don't ever want the jury to guess the defendant is in custody because it would prejudice them against the client.

In Murphy's case, Momot said jail officials allowed her to wear several outfits and use hypoallergenic makeup rather than the makeup available in the jail commissary. She also had access to a blow dryer.

"Defense attorneys are very sensitive to all of these details," Momot said. "What we're trying to communicate to the jury is an image of our client. First impressions are very important, whether they testify or not. People prejudge others on how they look. That's just human nature."

Chief Deputy District Attorney David Roger, who successfully prosecuted Murphy, said a defendant's appearance shouldn't have an impact on a jury.

"I believe jurors take their duties seriously," Roger said. "I don't think that because a woman doesn't have her makeup professionally done will affect the outcome of a court case."

Although Murphy's trial was televised on Court TV, Roger said he believes that had little bearing on her appearance during the trial.

"Sandy would've made her requests whether she was on Las Vegas ONE (Cox cable channels 1 and 39), Court TV or Nick at Night," Roger said. "She's materialistic. She always wants something other people don't have."

Roger said he isn't surprise that other women are now asking for special privileges.

"It was obvious at the time that we'd be seeing other female defendants asking for the same privileges that Sandy Murphy received," Roger said.

Clark County Detention Center Captain Mikel Holt said no one has ever had their hair dyed at the jail and would only allow it if a judge signed an order.

"We have 350 to 400 females over here, and I can just see all of them asking for their hair to be done before their trial," Holt said.

Although jail officials try to see to defendants' needs, Holt said anything out of the ordinary tends to be a big deal in a correctional facility in terms of security precautions and personnel.