Judge won’t cut $5 million bail in Duarte case

Erica D. Johnson

Tuesday, March 11, 2003 | 9:46 a.m.

The lawyer representing one of three men charged in a string of casino robberies failed to convince a district judge Monday to reduce his client's $5 million bail.

Pedro Duarte faces multiple felony counts including attempted murder with a deadly weapon in connection with the June 1999 robbery of the Desert Inn.

Duarte's bail amount is "excessive," his lawyer, Michael Cristalli, told District Judge Kathy Hardcastle while arguing for a reduction.

Duarte, 38, has been in custody awaiting trial since his June 2000 arrest.

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 but his bail remains 20 times the amount set for Suarez, Cristalli said. Suarez's bail is $250,000.

Duarte still faces seven felony charges, including attempted murder with a deadly weapon, attempted robbery with use of a deadly weapon, conspiracy to commit robbery or murder and possession of a stolen vehicle in connection with the 1999 Desert Inn heist.

"Mr. Duarte has indicated that he has a family and he basically just wants his day in court," Cristalli said. "Bail is not supposed to be punitive."

Bail is supposed to ensure that a defendant shows up for trial.

Duarte was out of jail for a year when his co-defendants were in custody, and he didn't flee or pick up any new charges, Cristalli told Hardcastle.

Duarte was expected to be tried this month before Hardcastle, but the trial was postponed after District Attorney Pam Weckerly, who was also prosecuting the case, had a baby last week.

The new trial date is July 21. Suarez is expected to go to trial directly following Duarte.

"I know you've been in jail a long time," Hardcastle told Duarte. "But you did waive your right to a speedy trial. We've tried to accommodate you as much as possible but these circumstances were out of our control."

Hardcastle denied Cristalli's motion for a bond reduction, saying nothing had changed in the case to warrant it.

District Attorney Roger Cram had argued that DNA evidence recovered from a water bottle found in the getaway vehicle links Duarte to the crime.

He said a truck registered to Duarte was found in the parking lot at the Desert Inn, and Duarte's fingerprints were on the vehicle's fake license plate.

Cristalli said that evidence alone does not point to his client's guilt.

"There are a number of ways that water bottle could have gotten into that truck," he said.