Official allegedly ‘humiliated’ teen suspect in court

Friday, Aug. 27, 2004 | 1:04 a.m.

The Clark County public defender's office is calling for the removal of a juvenile court hearing master after her orders allegedly left a teenager standing handcuffed in court in his boxer shorts.

Sources close to the case who saw a videotape of the Aug. 6 proceedings said Hearing Master Sylvia Beller ordered the teen, who was in court on a misdemeanor graffiti charge, to take off his T-shirt because she didn't like it and then ordered him handcuffed.

Beller then ordered the bailiff to take his belt because, she reasoned, standard procedures would have required him to take it away later, sources say. They said Beller was warned that if they did that the boy's baggy pants would fall down, but they say Beller said "oh, well," and told them to proceed anyway.

The teen was left with his pants around his ankles, and the bailiff had to pull them up for him.

"I was appalled by the court's conduct," said Public Defender Phil Kohn, who has seen the video and filed a grievance. "I believe the court humiliated our client for no proper purpose. ... We've asked for her removal from that position."

In a statement, District Court Chief Judge Kathy Hardcastle called the incident "embarrassing" and said the court did not condone the conduct.

"The court has imposed severe discipline upon Ms. Beller in response to her inappropriate performance," Hardcastle said.

Court officials would not say what the discipline was, saying it was a personnel matter. Hardcastle's statement said Beller will no longer be assigned to juvenile matters.

Beller's courtroom had a different hearing master this morning.

Because the video was still under a court seal this morning, Kohn said he could not discuss the details but he confirmed what other sources had already said.

A hearing was scheduled for this morning in Judge William Voy's courtroom to determine if the videotape should be released. The Las Vegas Sun filed a petition asking the judge to unseal the video.

Sources said the video shows Beller, who is appointed to the position that handles juvenile delinquency cases, order the teenage boy to remove a "G-Unit" shirt after she took offense to it.

"What's the G-Unit? Does that mean girls? What's the G?" Beller asked.

The probation officer in court said it was associated with a rap group and she had told the boy it was inappropriate but had let it slide, sources said.

G-Unit is a music group led by rapper 50 Cent, and the rapper has a G-Unit line of clothing that is being touted in current back-to-school advertisements for several major department stores. Music critics have raised concern over the group's violent and swear-word laced lyrics that promote gangs and pimps in one verse and God in another.

Sources said Beller was unappeased by the probation officer's explanation that the T-shirt was a reference to a musical group and not a gang, and ordered him to take the shirt off.

But then, when she saw his pants sagging, she decided to detain him over the weekend. She had been set to give the teen a suspended sentence to Spring Mountain Youth Camp and allow him to do probation, sources said.

She said if he wanted to be a "gangbanger" he could stay in custody, sources said.

Beller set a hearing for Aug. 10, and told the teen he would have to convince her to let him out then, sources said. The teen was released Aug. 10, sources said.

Kohn said the teen is either 15 or 16 years old. He remained completely silent throughout the entire hearing, as did his mother who was listening to the judge through an interpreter.

"This has been an ongoing problem of her mistreating court personnel, attorneys and clients," said Kohn, who said he had not lodged any prior complaints against Beller. "But this act was just humiliation and it cannot be tolerated. It was just humiliating."

Kohn said he has never publicly criticized a judge before and has the utmost respect for the judges in Clark County District Court and Family Court, but that this incident was "out of bounds."

Kohn said he and the attorneys he supervises would have accepted the judge's decision if Beller had sent the young man home, as she has done with several others who have come improperly dressed to her courtroom. But he said Beller's actions toward one of his office's clients undermined the court's mission to "teach respect to young people, respect for the law and respect for society."

"When a court acts in an improper way, it does everything but teach respect for law and for society," Kohn said.

Hearing masters are Clark County employees appointed by the chief district court judge, court spokesman Michael Sommermeyer said, and are "at-will" employees.

Hearing masters must be attorneys who have passed the Nevada bar exam, and they must have at least eight years of legal experience, Sommermeyer said.

Beller oversaw quasi-criminal cases such as delinquency and graffiti charges that were under Voy's jurisdiction and reported directly to chief Family Court Judge Stephen Jones.

Beller could not be reached for comment.

Clark County District Attorney David Roger and Teresa Lowry, chief deputy district attorney for the juvenile division, both declined to comment about the videotape.