Judge Cherry to preside over Laughlin motorcycle gang trial

By Matt Pordum (contact)

Thursday, May 19, 2005 | 9:55 a.m.

District Judge Michael Cherry will take over the Laughlin River Run riot case involving Hells Angels members after District Judge Donald Mosley recused himself.

Chief District Judge Kathy Hardcastle selected Cherry on Wednesday to take over the case that is scheduled to go to trial on July 25. If not for Hardcastle's decision, the case would have been either heard by a senior judge or randomly reassigned to another District Court judge.

Several members of the Hells Angels and the rival Mongols motorcycle gang are charged with murder and 72 other charges in the riot at the 2002 Laughlin River Run that resulted in the deaths of 50-year-old Robert Emmet Tumelty, 27-year-old Jeramie Dean Bell and 43-year-old Anthony Salvador Barrera.

Mosley had been presiding over both the Hells Angels and Mongols cases but was forced to recuse himself after two attorneys who substituted in the case had previously served as Mosley's attorneys.

The judge first recused himself from hearing the Mongols' case after Dominic Gentile substituted in on April 1 to defend Mongols member Alexander Alcantar. Gentile represented Mosley after the judge fumed over what he said were false and libelous campaign ads and filed a defamation lawsuit against challenger Peter Flangas.

Gentile also represented Mosley during proceedings before the Nevada Judicial Discipline Commission. Mosley was accused of violating 10 judicial canons during three incidents between 1997 and 1999. The judge was ultimately fined and issued strong letters of censure for violations of the judicial code.

District Judge Michelle Leavitt has since been assigned the Mongols case and on Tuesday scheduled a Feb. 7 trial date.

On Friday Mosley recused himself from the Hells Angels case in response to Tom Pitaro substituting in as a Hells Angels attorney on April 29.

Pitaro represents Mosley in an ongoing custody battle between the judge and the mother of his 11-year-old son and represented the judge in 2002 during judicial misconduct hearings before the Nevada Commission on Judicial Discipline.

To provide more trial time for the case, the court will request a senior judge to take over some of Cherry's other duties.

Prosecutors and defense attorneys involved in the case have said it could last as many as six months. Cherry being assigned is not expected to alter the trial from beginning as scheduled on July 25.

"Judge Cherry currently serves as one of the court's three complex litigation judges and has extensive experience in managing trials with multiple defendants and attorneys," Hardcastle said. "He is a capable jurist able to step in and ensure this trial starts according to schedule."