Thursday, May 8, 2003 | 10:21 a.m.
Erica D. Johnson
Prosecutors on Wednesday told jurors that a man who claims to be Steve Wynn's long-lost half-brother is not insane, but a career criminal who tried to cheat the casino mogul out of millions of dollars.
On the first day of Donald Phillips' trial before District Judge John McGroarty, prosecutors laid out what they said led up to Phillips' attempts to extort Wynn out of $10 million between September 2000 and June 2001.
Phillips, 48, in October 2002 pleaded not guilty by reason of insanity to 20 criminal counts, including extortion, aggravated stalking and dissuading a witness to testify.
Phillips, who has HIV, claims the money is his share of an inheritance.
Chief Deputy District Attorney Abbi Silver in her opening statement said Phillips knew exactly what he was doing when he made several phone calls and sent numerous letters to Wynn at his business and home threatening to allege claims of criminal conduct if he weren't paid.
Insane people don't understand the difference between right and wrong at the time of their alleged crimes, according to state statute.
"This is a defendant who is criminally slick," the prosecutor said. "This is a revengeful person who thinks he is owed money from the world. But the evidence will show that he is not legally insane."
Silver said Phillips' actions escalated from letters to visits to Wynn's casino properties and his home. The letters began to contain mentions of violence when Phillips lost all of his money gambling, she said.
But defense attorney Ralph Baker said his client truly believes he is Wynn's half-brother, and felt slighted when Wynn would not meet with him. Baker said Phillips suffers from bipolar disorder.
"He feels he's being stonewalled," he said. "He feels he's being ignored and denied what he believes is his."
Baker said Phillips, who spent time in a Washington shelter for homeless men, intended to use the money to create a foundation to help people with HIV and AIDS.
Phillips was so convinced that he is related to Wynn that he sent him fingernail clippings and hair samples for DNA testing, Baker said. Those items were never tested, he said.
Phillips faces a two- to 10-year sentence on each of 18 counts of extortion and a two- to 15-year sentence for aggravating stalking.
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