Jury asked to consider evidence against ex-cop as coincidences

Kim Smith

Thursday, Aug. 15, 2002 | 9:27 a.m.

Jurors began deliberating this morning the fate of a former Metro Police detective who claims he would never have robbed his favorite Henderson lounge for fear of being recognized.

Jack Brandon, 41, was charged with two counts of robbery and one count of burglary in connection with the Feb. 22 robbery of two United Coin employees at Rae's Lounge.

Prosecutors allege Brandon disguised himself with a baseball cap, sunglasses and facial bandages and robbed the men in a desperate bid to get out of thousands of dollars in gambling debts.

Brandon was linked to the crime when the license plate of the alleged getaway car came back to his police-issued Ford Taurus and a Global Positioning System device showed his car was in the area at the time of the robbery.

During closing arguments Wednesday, defense attorney Steve Stein said the Rae's busboy who saw Brandon get into his car that morning mistook Brandon for the robber after losing sight of the real robber momentarily.

Brandon just happened to be in the lounge's parking lot looking for a woman from whom he hoped to buy an amethyst and diamond necklace for his fiancee, Stein said.

"We have no direct evidence whatsoever to indicate Jack Brandon committed this crime," Stein said. "There was no confession, no fingerprints and no eyewitness identification."

Stein noted that Brandon has gambled almost daily at Rae's for five to six years. He would not have robbed the lounge in such a poor disguise for fear of being recognized, he said.

After putting on a ball cap and sunglasses and holding up a gauze bandage to his face, Stein noted the jury could surely still recognize him -- although he's only known them one week.

"Sure (Brandon) owes money. Isn't that the American way? Doesn't everyone owe money to someone?" Stein asked. "But he wasn't a desperate man."

Chief Deputy District Attorney Robert Daskas said Stein forgot to mention that when the busboy saw the robber get into the Ford Taurus the robber was still wearing the disguise he wore during the crime.

Stein also didn't mention that no one working at Rae's that morning knew Brandon so the chances of being recognized were nonexistent, Daskas said.

"What better place to rob than Rae's if you're Jack Brandon? You know the layout. You know the cameras. You know which employees don't know you and you know the coin drop," Daskas said.

In the 30 days before the robbery, Brandon had blown $28,500 in credit card cash advances, Daskas reminded the jury.

"Do you think maybe, in Jack Brandon's mind, he was simply taking back what rightfully belonged to him?" Daskas asked.

Daskas said that in order for the jury to acquit Brandon they would have to believe several witnesses lied.

They would also have to believe dozens of details in the case just happen to be coincidences -- such as the shared physical descriptions of the robber and Brandon and Brandon's whereabout that morning.

"In order to find him guilty, you only have to believe one person lied -- Jack Brandon," Daskas said.

Robbery carries a prison sentence of two to 15 years and burglary is punishable by one to 10 years. If convicted, Brandon could receive probation, however, because the crimes were committed without the use of a weapon and he has no criminal history.