Tuesday, July 22, 2003 | 11:15 a.m.
The attorney defending the local man charged in a casino heist suffered several setbacks Monday in a final effort to keep jurors from hearing evidence in the trial that was expected to get under way this morning.
Defense attorney Michael Cristalli argued unsuccessfully to suppress two statements Pedro Duarte made to police on June 29, 1999, a day after a robbery at the Desert Inn. Duarte is charged with attempted murder, robbery and conspiracy to commit robbery.
District Judge Kathy Hardcastle heard the motions hours before jury selection began in Duarte's trial. Opening arguments in the case were expected to begin this morning.
Cristalli said Duarte, 38, who speaks primarily Spanish, gave the first statement to police in English without the assistance of an interpreter.
Cristalli also argued that officers never read Duarte his Miranda rights and that both of his statements were made without an attorney present.
"(Duarte) asked for counsel at least three to four times during the first statement," he said.
Prosecutors said Duarte was not being questioned about the robbery, but about his connection to a red pickup truck that police suspected was used as a getaway vehicle.
The vehicle had fake license plates and was found in the parking lot of a motel near the Desert Inn. The truck was registered to Duarte and Duarte's wife had reported the truck missing, District Attorney Pam Weckerly said.
Weckerly said Duarte was not entitled to an attorney because he was not in custody at the time the statements were made. Duarte wasn't arrested until at least nine months after he gave the statements, she said.
"These were free statements that he gave voluntarily," she said. "After each interview he walked out the door."
Hardcastle agreed, allowing the statements to be introduced at trial.
Prosecutors initially alleged Duarte conspired with Jose Vigoa and Luis Suarez in several other casino heists between 1998 and 2000, and the robbery of a Ross Dress For Less in Henderson in which two armored truck guards were killed.
Conspiracy charges against Duarte in those cases were dropped.
Suarez is scheduled to stand trial at the conclusion of Duarte's trial. Vigoa is serving multiple life sentences for a range of charges pertaining to the robberies.
During Monday's hearing, Cristalli questioned the need for two uniformed SWAT officers, who sat directly behind Duarte during jury selection and will remain during the trial.
He requested that plainclothes officers be used instead, saying the officers' presence could be prejudicial to his client.
"This could taint the jury and prejudice my client before we ever even have a (jury) panel," he said.
Cristalli said he didn't think the officers were needed because his client has never had "any incidents at the court or in the Clark County Detention Center."
Hardcastle said uniformed officers, or court bailiffs, are always in the courtroom and that the heightened security measures are decided by court administration.
Cristalli had also argued to suppress DNA evidence found on a water bottle inside the truck, which prosecutors say link Duarte to the crime. He said defense attorneys needed to do independent DNA testing on the bottle.
Hardcastle denied the motion. She said defense attorneys had ample time to perform any tests they wished.
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