Plea entered in Wynn extortion case

Kim Smith

Thursday, Oct. 17, 2002 | 9:40 a.m.

For months Donald Phillips has been adamant about three things -- that he is casino mogul Steve Wynn's half-brother, that Wynn owes him a $50 million inheritance and that he is not crazy.

On Wednesday Phillips, 47, changed his mind about at least one of his contentions. He pleaded not guilty by reason of insanity in a case in which he is accused of trying to extort Wynn.

Until the plea Phillips had insisted he would go before a jury Monday to try to convince jurors that he is Wynn's half-brother and entitled to an inheritance.

Now Phillips will meet with psychiatrists who must determine if he is legally insane -- that he didn't know the difference between right and wrong when he repeatedly wrote and called Wynn demanding he pay up.

District Judge John McGroarty will hear the results of those sessions Dec. 4 and set a new trial date.

Deputy Public Defender Elizabeth Quillin said that only recently was she able to convince her client to enter the new plea. In Nevada attorneys are prohibited from putting on a defense that is contrary to their client's wishes.

"He caught me totally off-guard," Quillin said. "It wasn't until (Wednesday) morning that he told me he wanted to change his plea. I don't believe it is a delay tactic. It's not unusual for defendants to be nervous right before a trial and for common sense to prevail."

Phillips has met with psychiatric experts in the past, but they were only asked to determine if he is competent to stand trial, not if he is insane.

Legally, people who are incompetent don't understand the nature of the charges against them and can't assist in their defense. Insane people didn't understand the difference between right and wrong at the time of their alleged crimes.

Quillin said it is clear from her client's letters to Wynn that he is, at the very least, delusional.

According to grand jury transcripts, Phillips sent 15 letters to Wynn between Sept. 6, 2000, and June 1, 2001, demanding his "inheritance."

In the letters to Wynn, Phillips repeatedly asks Wynn for money. In some letters, he speaks of his love and respect for his brother. In others, he spews vulgarities and threats.

In many of the letters, he refers to a "curse" that kept him from remembering their relationship for so long, ties to the Irish and Italian Mafia and his destiny.

In a September 2000 letter Phillips tells Wynn that the mob mistook another man for him and shot him to death on the same day the Bellagio opened and the same day he was released from a Texas prison.

Phillips also insists he dated former Vice President Al Gore's wife Tipper, is good friends with both of the Clintons, is personally acquainted with country singing star Alan Jackson and is the nephew of the late actor Don Ameche.

Chief Deputy District Attorney Abbi Silver, who said she doesn't believe Phillips is delusional or insane, has asked McGroarty to declare Phillips a habitual criminal, because he has at least eight prior felony convictions.

If McGroarty does so, Phillips would be eligible for 20 life sentences if convicted.

Even if McGroarty does not grant Silver's motion and Phillips is convicted, he faces a two- to 10-year sentence on each of 18 counts of extortion. He would face a two- to 15-year sentence for aggravating stalking. He also faces a dissuading a witness charge which carries a one- to four-year sentence.