Defense says Phillips believes he is really Wynn’s half-brother

Erica D. Johnson

Thursday, May 15, 2003 | 9:05 a.m.

Whether jurors believe the man charged with trying to extort millions of dollars from casino executive Steve Wynn is legally insane could mean the difference between an acquittal and a conviction.

Chief Deputy District Attorney Abbi Silver on Wednesday told jurors that Donald Phillips knew exactly what he was doing when he sent 15 threatening letters to Wynn's home and business and left three voice mail messages at Wynn's office.

In the letters Phillips, who claims he is Wynn's half-brother and is entitled to a $50 million inheritance, threatens to go to the FBI with false claims of criminal misconduct and to file a civil lawsuit against Wynn if he is not paid, Silver said.

Phillips faces 20 criminal counts, including extortion, aggravated stalking and dissuading a witness from testifying. He has pleaded not guilty by reason of insanity.

The closing statements Wednesday wrapped up Phillips' weeklong trial before District Judge John McGroarty. Jurors were expected to begin deliberating the case today.

"Manipulation is inconsistent with insanity," Silver said. "Is this the act of an insane person or a manipulative scam artist?"

But while pointing to side-by-side photographs of Phillips and Wynn, defense attorney Ralph Baker said his client truly believes he is Wynn's half-brother.

Three doctors at Lakes Crossings, a state mental health facility in Sparks, concluded that Phillips was delusional, he said.

"You may not believe Donald Phillips is Steve Wynn's half-brother, but Donald absolutely believes it," he said. "And they do look alike."

Authorities allege Phillips sent letters to Wynn's office and residence and left voice mails between September 2000 and June 2001, threatening to kill Wynn. Phillips also allegedly made several unannounced visits to Wynn's casino properties.

Wynn, who testified earlier this week, said he did not become overly concerned about the letters until he received a voice mail in 2001 from Phillips threatening his life.

Silver told jurors that Phillips is guilty of the aggravated stalking charge, regardless of whether he believes his claims are true.

She asked jurors to re-read the letters during their deliberations and take note of Phillips' threatening tone.

"Even if all of you believe he is Steve Wynn's brother, the defendant has no right to stalk and extort Steve Wynn," she said. "This is an unequivocal threat to kill."

Phillips was deemed competent to stand trial, and officials at the Clark County Detention Center determined that he was not delusional, Silver said. She said Phillips also has a normal IQ.

Phillips' brother, James Phillips, and his niece, Karen Phillips, testified during the trial that they didn't believe Phillips was insane.

Baker said Phillips, who has HIV, was simply trying to establish a relationship with his half-brother and became angry when Wynn would not respond.

"He wants to be acknowledged as the half-brother of Steve Wynn," he said. "And what does he run into? He's stonewalled, ignored and denied."

Phillips even sent Wynn his birth certificate, along with hair samples and fingernail clippings for DNA testing, Baker said. Wynn testified that he did not test the items.

"If he was indeed running a con, why would he bring attention to things that could easily be disproved?" Baker asked. "He obviously believes it."