Defense: Teen’s statements coerced

Kim Smith

Tuesday, Oct. 1, 2002 | 9:06 a.m.

A Las Vegas teen suspected in a killing and a series of rapes was coerced into implicating himself by Chicago detectives who threatened to beat him with a phone book, his defense attorneys say.

In motions filed last week, Deputy Public Defenders Joseph Abood and Curtis Brown toldl District Judge John McGroarty that statements made by Justin Porter to authorities in Las Vegas and Chicago should be tossed.

McGroarty will hear arguments on their motion Oct. 14.

The attorneys allege that not only did the detectives not allow the 17-year-old Porter to have his father present during his interrogation, but they intimidated him into making incriminating statements.

Porter is scheduled to go to trial Nov. 4 on 42 counts pertaining to 10 home invasions that took place between Feb. 1, 2000, and June 9, 2000.

Police allege Porter raped six women during the home invasions and killed former monk Gyaltso Lungtok.

All of the attacks took place in apartments in an area bordered by Eastern Avenue, Las Vegas Boulevard, Bonanza Road and Sahara Avenue. In most of the cases, the intruder gained entry by kicking in their front door.

Porter was questioned after he was spotted at 2:30 a.m. June 13, 2000, in the area of the assaults. As with other men matching the descriptions of the suspect, Porter was asked to supply a DNA sample from inside his mouth.

Two months later the DNA test results came back and Porter was arrested at his father's home in Chicago on sexual assault and home invasion charges.

According to his defense attorneys, Porter was questioned by Chicago detectives prior to the arrival of the Las Vegas detectives.

Porter "was told that being from Chicago, you know that people who don't cooperate go to the docks and get their ass whooped," they said. The police also allegedly threatened to beat him with a phone book, noting it doesn't leave marks.

Moreover, the detectives told Porter that if he confessed he would likely get probation, the defense attorneys said.

When Las Vegas detectives arrived hours later, they questioned Porter despite the fact he clearly couldn't read the Miranda card he had been given, nor did he understand his rights, the defense attorneys said.

Porter implicated himself not only in the sexual assaults, but in the shooting death of Lungtok.

Detective James Larochelle testified during Porter's preliminary hearing last year that Porter told him he broke into Lungtok's apartment because he saw a police car and he didn't want to be found walking around with a gun.

Larochelle testified that Porter told him he thought Lungtok's apartment was vacant. He shot Lungtok, 31, when the man came at him from out of the dark, Larochelle said.

Angela Smith Porter Prevost told the Sun in November 2000 she doubts her son understood what was going on during his interrogation.

"As God is my witness, if he's reading at a third grade level he's doing good," Prevost said. "But I bet he's at kindergarten level. I've paid all kinds of tutors to get his level up, but he's got all kinds of disabilities."

The defense attorneys also intend to ask McGroarty to send Porter's case to juvenile court. They contend Porter cannot be tried in the adult system on many of the charges he faces without a juvenile judge making that determination.

Prosecutors, they allege, skipped the evidentiary hearing that would have allowed a juvenile judge to make such a decision.

Chief Deputy District Attorney Doug Herndon said he has not yet read the defense motions but believes Porter said he did not want his parents with him during the interrogation.

"I'm comfortable with the propriety of his statements," Herndon said.