Use of dead man’s words sought at Vigoa trial

Kim Smith

Wednesday, June 12, 2002 | 11:05 a.m.

Oscar Sanchez Cisneros has been dead nearly two years, but prosecutors trying his friend, Jose Vigoa, for murder and robbery hope to raise his specter at Vigoa's trial next month.

Chief Deputy District Attorney David Roger has filed a trial brief asking District Judge Kathy Hardcastle to admit Cisneros' statement to police into evidence at Jose Vigoa's July 8 trial.

Cisneros, 23, committed suicide in the Clark County Detention Center in October 2000 -- four months after he confessed to plotting and participating in the fatal robbery of two armored truck guards and four hotel-casino heists with Vigoa.

Vigoa, 42, faces more than 40 counts in connection with those incidents. If convicted of the slayings he could receive the death penalty.

In his statement Cisneros admitted that he helped Vigoa rob the Bellagio, MGM Grand, Desert Inn and Mandalay Bay between June 1998 and June 2000. He also acknowledged he was present when Richard Sosa, 47, and Gary Dean Prestidge II, 23, were shot and killed outside a Henderson store in March 2000 during a robbery.

Cisneros told police that Vigoa's brothers-in-law, Pedro Duarte and Luis Suarez, took part in some of the robberies as well. Duarte and Suarez will be tried separately at a later time.

Typically statements of dead and unavailable witnesses are not admissible at trial because defendants have a constitutional right to confront their accusers.

In his brief Roger says there are exceptions, however. He wants the statement admitted because he says it proves Vigoa is guilty of conspiracy.

Roger has suggested admitting the statement with Vigoa's name redacted from the document and cites other cases in which redacted statements were allowed.

"I've got to prove Vigoa's guilt beyond a reasonable doubt, and I don't want to hold back any evidence," Roger told the Sun Tuesday.

Deputy Public Defender Drew Christensen said he will "strenuously object" to the motion during a June 24 hearing.

"Whether the statement is redacted or admitted into evidence in its entirety, it is highly prejudicial," Christensen said. "We won't get the chance to cross-examine the witness."

Christensen said he also plans to object to a motion in which Roger asks Hardcastle to admit evidence of other crimes allegedly committed by Vigoa.

In his motion Roger notes that assault rifles allegedly used by Vigoa and his co-defendants were found in Cisneros' home wrapped in plastic with duct tape.

Similarly wrapped assault rifles were also found in Vigoa's storage unit shortly before he was arrested for selling cocaine to undercover FBI agents in April 1990, Roger said.

Roger also points out that Vigoa tried to elude authorities by speeding away in his car in April 1990 and again in June 2000.

If these details are admitted into evidence, they "establish identity and a common scheme or plan," Roger wrote in his motion.

Vigoa is expected to be arraigned Thursday on two new charges. Roger filed a complaint last week charging Vigoa with conspiracy to escape and attempted escape.

Authorities allege Vigoa used a metal mirror frame to carve a hole in his cell window. The alleged escape plot was discovered last week.