Judge takes to task public defender

Wednesday, Dec. 21, 2005 | 8:09 a.m.

District Judge Sally Loehrer has called upon the Clark County public defender to discipline or possibly fire one of his attorneys for poorly representing a defendant in 2003.

Loehrer said that Deputy Public Defender Charles Cano gave bad advice to his client on a plea agreement, failed to interview witnesses or fully investigate the case, and delayed the trial through lack of preparation.

Yet despite her complaints, Loehrer refused to grant defendant Charles Ray Clevenger's request to withdraw his guilty plea -- even though Clevenger based his appeal on claims that he had poor legal representation.

The judge's criticism of Cano was included in her written decision denying Clevenger's appeal. She recommended that Public Defender Phil Kohn impose "some appropriate sanction, which might include termination, suspension without pay, loss of rank or mandatory attendance at an accredited legal ethics class focused on the duties of a criminal defense attorney."

Kohn responded in a statement Tuesday evening, saying that "clearly this case was not handled properly." Kohn said that because he did not head the office at the time of the case, he does not believe he is "in a position to take any type of action."

Kohn added that others in his office have reviewed Cano's performance and will continue to monitor it, adding that "the quality of Charles' work has greatly improved since this case and he is a much better attorney than he was in 2002."

Clevenger, 50, had been accused of felony counts of burglary, grand larceny auto, grand larceny, robbery and failure to heed a police officer's request to stop.

By virtue of an agreement with prosecutors Clevenger pleaded guilty to one count each of burglary and attempted robbery. Although he was a habitual offender, the reduced charges brought him a sentence of just five to 17 years.

In her decision on Clevenger's appeal, Loehrer noted that prosecutors said they would not offer a second plea agreement and would instead take the case to trial.

Because prosecutors had strong evidence against him, "This court finds it is not in the defendant's best interest" to grant his request.

If convicted of the original charges, Clevenger would face a maximum sentence of life without possibility of parole.

Matt Pordum can be reached at 474-7406 or at pordum@lasvegassun.com.