Suit prompts release of arrest report

Tuesday, May 4, 2004 | 10:08 a.m.

An arrest report sealed by North Las Vegas Justice of the Peace Stephen Dahl in the case of a woman charged with arson and attempted murder of her children was released on Monday.

The Las Vegas Sun sued on March 29 requesting the documents under the state's open-records law in the case of Jennifer Pence, also known as Jennifer Mendoza. A District Court hearing on whether Dahl correctly followed state law by sealing the documents has not been scheduled.

Sun attorney Michael Stein said the hearing should occur this month. Stein said the hearing would determine whether Dahl's ruling met "constitutional muster" and whether Dahl was justified in sealing the documents without listening to arguments on why they should be made public or private.

The suit contends the police report and court documents surrounding the events are newsworthy and can only be sealed in certain situations under state law. In the arrest report Mendoza told police officers she was depressed and was trying to kill herself and her three daughters because she didn't want them to grow up and live the same rough life she had. In its rulings the Nevada Supreme Court has determined police reports must be kept open unless certain circumstances exist.