Lawyer wants off fraud case; cites conflict of interest

Tuesday, June 18, 2002 | 9:51 a.m.

Fraud suspect Franklyn Perry may lose another lawyer next week because he has reportedly become an informant against one of his attorney's other clients.

Peter S. Christiansen filed motions Friday asking to be removed as Perry's defense lawyer in two cases, one involving more than 500 securities fraud charges and another involving 40 unrelated sex crime charges.

Christiansen filed the motions soon after he learned of a possible conflict of interest from Chief Deputy District Attorney Ed Kane. Kane is prosecuting Christiansen's client Jamon Brooks in the gang-related murder of North Las Vegas resident Gwendolyn Jones.

Kane showed Christiansen a letter last week that Perry allegedly wrote to law enforcement officials offering information on Brooks, Christiansen said.

"It appears that Brooks has discussed his case with Perry in jail, and Perry relayed that information to law enforcement," Kane said. "So that puts (Christiansen) in an awkward situation representing both."

Perry's conversations with the FBI in the Brooks case could cause him to be called as a potential witness, "thereby compromising the attorney/client relationship" between the two, Christiansen said in the motion. He said he could not legally or ethically cross-examine a witness that was or is a client.

Christiansen filed a similar motion Monday to be removed from the Brooks case. Each individual judge in the three cases will have to decide whether to remove Christiansen from the case.

District Judge Michael Douglas is to rule on Christiansen's motions June 25 in the sexual assault case and District Judge Nancy Saitta will make her ruling June 26 in the fraud case.

Christiansen said he believed letting the judges know the situation was the "most ethical way to proceed."

Chief Deputy District Attorney Christopher Laurent, the prosecuting attorney in Perry's fraud case, filed a motion opposing Christiansen's removal, as he believes the conflict of interest is in Brooks case.

"If Mr. Christiansen withdraws from the Jamon Brooks case, he has no reason to withdraw from the Perry case," Laurent said. "Especially since he actively sought to be appointed in this case."

Perry is accused of bilking more than 1,100 people out of $40 million in a Ponzi scheme. Police allege he promised investors huge returns on loans to high-rolling gamblers who had hit their credit limits at area casinos.

In the sex case, police allege Perry persuaded a 12-year-old girl to pose for sexually explicit photographs and arranged to have those photos delivered to him. Perry is also accused of persuading her to commit sex acts while on the phone with him.

Christiansen and fellow defense attorney Michael Cristalli are Perry's third set of lawyers in the sex case.

Cristalli will remain as Perry's lawyer and said neither case should be greatly affected if Christiansen is removed.

Christiansen said the FBI would neither confirm nor deny that Perry was speaking with them in the Brooks case.