Wynn’s alleged stalker found guilty in extortion case

Erica D. Johnson

Friday, May 16, 2003 | 10:03 a.m.

Donald Phillips claimed he was insane when he sent threatening letters to casino mogul Steve Wynn demanding millions of dollars, but a jury didn't buy his story.

Jurors on Thursday convicted Phillips on 12 counts of extortion and one count each of aggravated stalking and dissuading a witness after Phillips claimed he was Wynn's half-brother and sent him letters demanding a $50 million inheritance.

Phillips was acquitted on six counts of extortion in the case. He had pleaded not guilty by reason of insanity.

"I thought it was a sham," said G. Michael Clark, a juror in the case. "I don't think insanity was a credible defense. There was nothing to validate his claims."

Another juror, Shelly Friend, said the clarity of Phillips' letters contradicted his claims that he was delusional.

"I didn't believe he was insane at all," she said. "He was too articulate in his letters. He was almost too smart for his own good."

The verdict came after a weeklong trial before District Judge John McGroarty, in which prosecutors alleged Phillips sent 15 threatening letters to Wynn's home and business and left three voice mail messages at Wynn's office between September 2000 and June 2001.

In the letters, Phillips, who has HIV, threatened to kill Wynn if he was not paid.

Wynn, who testified during the trial, said he didn't become concerned about the letters until he received a voice mail in 2001 from Phillips threatening his life.

Defense attorneys alleged Phillips was delusional. They said Walker actually believed he was Wynn's brother, and became angry when he felt Wynn was ignoring him.

Defense attorney Ralph Baker said while he'd hoped for a different verdict, he knew it would be difficult to convince jurors that his client was insane.

"We realize we were facing an uphill battle with the insanity defense," he said.

Prosecutors will ask McGroarty to deem Phillips a habitual criminal when he is sentenced June 25, Chief Deputy District Attorney Abbi Silver said. If that happens, Phillips would be given a life sentence for each count.

Phillips has eight prior felony convictions, which include robbery, escape and drug charges and date back to 1978, she said.

Otherwise, the stalking charge carries a two- to 15-year sentence, each extortion charge carries a two- to 10-year sentence and the dissuading a witness charge carries a one- to five-year sentence.

Clark said jurors re-read each letter during deliberations and determined that some didn't meet the burden of proof needed for a conviction.

"Obviously there was anger and hostility in some of the letters," he said. "In those letters, even his penmanship was different."

Silver said the fact that jurors acquitted Phillips on several extortion charges showed they made a careful decision.

"I'm pleased with the verdict," she said. "Some of the letters were stronger than others. I think it was appropriate."

When asked if Phillips still believes he is Wynn's half-brother, Baker responded, "he's 100 percent convinced."