Wednesday, April 9, 2003 | 11:22 a.m.
MESQUITE -- A Utah teenager charged with fatally stabbing a 3-year-old girl and paralyzing her sister in a Mesquite trailer park will be tried as an adult, a justice of the peace ruled Tuesday.
The ruling surprised 16-year-old Monique Maestas' public defender, who said Justice of the Peace Ron Dodd should have ordered a competency hearing before making his decision.
"Death is on the table," Kristina Wildeveld Coneh said while standing outside the court after the 10-minute hearing. "If she were ruled a juvenile, we wouldn't be talking death here ... Essentially, we are baby sitters trying to teach her what's going on."
But Dodd, who announced his ruling without hearing any oral arguments, said that "the law in this case is very clear."
In Nevada, children 8 and older charged with murder, attempted murder and some sexual assaults are automatically tried in the adult system, and teens 16 and older are eligible for the death penalty.
Clark County District Attorney David Roger said a committee of assistant district attorneys will decide whether to seek the death penalty against Maestas after the preliminary hearing, which is scheduled for May 2.
The Assembly has passed a bill that would prohibit the death penalty for those under 18, but it still must pass the state Senate and be signed by the governor. If it passes, it would prevent Monique Maestas from being put to death.
A national study released last month said that it is unjust to treat teens of Monique Maestas' age as adults.
The MacArthur Foundation Research Network's study on juvenile competency says most children under 17 are unable to comprehend court proceedings and lack the ability to make basic decisions concerning their trial.
Phil Kohn, who also represents Maestas, said he is worried that his client doesn't understand what is happening to her.
"She's very quiet," he said. "She asks so few questions. I don't know how much she understands. That's why we filed the motion."
Dodd also ruled that KLAS Channel 8 will be permitted to bring one television camera into the courtroom during the preliminary hearing. Maestas' attorneys had filed a motion seeking to exclude television cameras from the proceeding.
During the hearing a KLAS lawyer asked the judge if the station could tape gavel-to-gavel coverage for broadcast on Las Vegas ONE, Cox Cable channels 1 and 39, which is owned by the Las Vegas Sun, KLAS and Cox Communications.
Roger said he is not opposed to that, but Kohn is. Kohn said it would be impossible to seat an impartial jury if the hearing were broadcast in its entirety because the defense is not permitted to present evidence in a preliminary hearing. Dodd said he would make a decision April 22.
Monique and her 19-year-old brother Beau did not say anything or show any emotion during the hearing. The teenagers, who are from Salt Lake City, are charged with stabbing Kristyanna Cowan to death on Jan. 22 and leaving her 10-year-old half-sister, Brittney Bergeron, paralyzed in a recreational vehicle parked outside the CasaBlanca hotel in Mesquite.
The Maestas siblings are charged with murder, attempted murder, burglary with a deadly weapon and conspiracy to commit murder.
Police said Beau Maestas told investigators the attack came in retaliation for a drug deal involving the girls' mother, Tamara Bergeron, and her boyfriend, Robert Schmidt. Maestas said Schmidt sold him $125 worth of table salt that he thought was methamphetamine, police said.
Investigators have decided not to pursue drug-related charges against Bergeron. However, investigators are still gathering evidence against her that may lead to child neglect or endangerment charges.
The CasaBlanca RV park where the attack occurred earlier in the year is now quite different, one resident said Tuesday. The lot had been fairly full two and half months ago when the two little girls were stabbed. On Tuesday, the park was less than half full.
A man who said he has lived there for months said many people moved away after the girls were stabbed. He wouldn't give his name because he didn't want any trouble as a result of speaking out.
"The guy who lived next door (to Bergeron) moved out three days later," he said as he stood outside his RV with his 5-year-old son and a puppy. "He couldn't handle it. This place has cleared out."
He said the RV closest to his, a small, older brown and white trailer a few spaces away, was where Beau Maestas' girlfriend lived and where police allege Beau got the knives used during the stabbing. The RV appeared to be abandoned, and the man said he hasn't seen anyone at the trailer in months.
Since the stabbings, parents are more protective of their children, he said.
"My son used to run down to play with other kids," he said, gesturing to the far end of the park. "Now we don't let him go anywhere without an adult."
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