DA to review criminal charges

Wednesday, Jan. 30, 2002 | 11:04 a.m.

Retiring District Attorney Stewart Bell said this morning that he's asked the three prosecutors running for his post to help him decide whether to file sexual assault charges against boxer Mike Tyson.

The three candidates -- Assistant District Attorney Mike Davidson and Chief Deputy District Attorneys David Roger and Abby Silver -- have been invited to hear a 2 p.m. presentation Friday by Metro Police investigators who are seeking charges against the troubled former heavyweight champion stemming from a sexual assault reported in September.

Bell said he wants the input of the three, along with six other veteran prosecutors.

"The decision is mine," Bell said. "It doesn't have anything to do with the politics of the district attorney's race. I just want to bring them into the loop in case we do charge."

Bell said his decision could take anywhere from several days to several months.

Metro officials confirmed this morning that detectives have begun a second unrelated investigation into another woman's claim that she was sexually assaulted by Tyson at his home in November 2000. That investigation is not complete, officials said, and will not be part of Friday's presentation.

The stepped-up activity in the criminal probe of Tyson follows Tuesday's 4-1 decision by the Nevada Athletic Commission to deny Tyson a license to fight heavyweight champion Lennox Lewis at the MGM Grand in April. Commissioners said they based their decision on Tyson's erratic behavior outside the ring, not on the contemplated sexual assault charges.

Police have been investigating the first woman's sexual assault charges since September when they conducted a court-authorized search of Tyson's 11,000-square-foot Las Vegas home.

Bell said he didn't know much about the evidence police have gathered.

"I've heard that there are two ladies who have complained that they were assaulted," Bell said. "I really don't know much beyond that."

The second case did not come to the attention of Metro detectives until Jan. 2, more than a year later, said Lt. Jeff Carlson of Metro's sexual assault unit.

The second woman, who lives out of state, filed a complaint after the 2000 incident with her local police department, instead of Metro, once she returned home, Carlson said.

"We really haven't gotten into the reasons for the miscommunication," Carlson said. "Our biggest concern is to get the investigation started."

Carlson said the results of a medical examination taken by the second woman and other potential evidence has since been sent to Metro. He would not reveal what, if any, evidence was gathered from the exam.

The November 2000 alleged assault, Carlson said, is not connected to the woman who filed a sexual assault complaint against Tyson in September 2001.

"The investigations are separate. The victims don't know each other, and there is no link between the two victims," he said.

Tyson's Phoenix attorney Darrow Soll criticized the release of information before a formal charge.

"I think it's inappropriate that we hear from the press rather than the police on this matter," he said this morning. "We hope that the district attorney will do a thorough investigation and give us the opportunity to respond."

Bell said prosecutors have three options after hearing from police on Friday. They can decide to file charges, not to file charges or instruct police to do additional investigating.

Bell said he's including the three candidates in the decision because the case, should charges be filed, will spill over into the next administration. Bell is stepping down at the end of the year after two four-year terms in office.

"I think it's only fair that whoever is going to sit in my seat be brought into the loop early," Bell said. "If we're pursuing charges, there's going to have to be some substantial decisions into the next administration, and I don't want that thrust upon them. They should have a running start."

Both Roger and Silver, who are battling it out in the Sept. 3 Republican primary, are criminal deputies.

Davidson, who has received a $500 campaign contribution from Bell, is a Democrat who oversees the outgoing district attorney's civil division.

Roger, who is leading the pack in campaign fund-raising, praised Bell's efforts to include the three candidates in the Tyson decision.

"This is the right thing to do," he said. "Whoever is going to be district attorney may have to live with this for a long time."

Bell said five veteran deputies in his Case Assessment Division also will participate in Friday's hearing.

They are Chief Deputies Ron Bloxham, Vicki Monroe, Dan Bowman, Tom Moreo and Randy Weed. Chief Deputy Douglas Herndon, who heads the Special Victims Unit, also will attend.

"We're going to take our time and do it right," Bell said.

He added that he suspected the case police are bringing is going to be "voluminous, complex or both."Keith Paul and Kim Smith contributed to this story.