Weber attorneys seek another county’s grand jury

Kim Smith

Thursday, May 9, 2002 | 10:57 a.m.

Defense attorneys for a Las Vegas man accused of killing a mother and her son last month have asked that a grand jury from another county determine if he should be indicted -- a request that could be a first.

In a motion filed late Wednesday, Deputy Public Defenders Curtis Brown and Joseph Abood complain that the almost daily publicity in the Timmy Weber case has been "wholly adverse ... and presumes his guilt."

"The defense in this case suggests that there is a strong possibility of grand jury bias because the pre-indictment publicity was so intense that it is inherently prejudicial and the grand jury may feel compelled to return an indictment."

If Chief District Judge Mark Gibbons is not inclined to move Weber's grand jury proceeding to another county, his attorneys suggest that the members of the Clark County grand jury be individually interviewed before the the case is presented to ensure they haven't been influenced by the media.

"There's no authority for that," Clark County District Attorney Stewart Bell said. "The grand jury just makes probable cause determinations, they don't make decisions as to guilt or innocence. It would be a ridiculous precedent to set."

Gibbons is scheduled to hear arguments on the motion Monday morning.

Weber, 28, could face the death penalty in the April 4 slayings of his girlfriend, Kim Gautier, 38, and her 15-year-old son, Anthony Gautier.

A preliminary hearing is scheduled for Wednesday, but prosecutors have already announced they intend to present the case to the grand jury.