Cherry to keep trial schedule

Tuesday, May 31, 2005 | 8:47 a.m.

District Judge Michael Cherry has made it clear that the July 25 trial date for the Hells Angels accused in fatal Laughlin River Run riot case will not change.

In his first hearing in the case since taking over for District Judge Donald Mosley, Cherry said Friday the trial date and any other pre-trial rulings made by Mosley are considered "the law of the case."

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.

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

Cherry used his first hearing in the case to take care of several housekeeping issues. The judge said he and his bailiff agreed that the case should be held in one of the larger courtrooms located on the first floor of the County Courthouse.

The larger courtroom is needed to accommodate the seven defendants and roughly 11 attorneys involved in the case.

About 300 Clark County residents will make up the jury pool and each will be sent a questionnaire to better assist the defense attorneys, prosecutors and Cherry in selecting a jury.

Cherry said if a senior judge is appointed his case calendar he would conduct the trial from 9:30 a.m. to 4:30 p.m. five days a week. He said he hopes the later start time each day would help jurors avoid rush hour traffic and also not prevent potential jurors with child care issues from serving on the case.