LOOKING IN ON: CARSON CITY

Thursday, Nov. 22, 2007 | 6:54 a.m.

CARSON CITY - Because juries deliberating late into the night or early morning are often tired and make mistakes, district judges should send them home at night after a long day, an attorney told the state's highest court.

The unusual argument was presented to the Nevada Supreme Court by Deputy Public Defender Sharon Dickinson, who wants the court to overturn the theft conviction of Paul Ray of Las Vegas.

"How can they make a reliable decision when they have been up all day?" she asked.

The jury in Ray's case started at 2 p.m., began deliberations at 6 p.m. and reached its verdict at 1:30 a.m.

But justices of the Supreme Court questioned how it could set a ruling mandating that juries go home by specific times. Sometimes jurors want to stay late, justices told Dickinson.

Senior Deputy Attorney General Robert Giunta noted the jurors in Ray's case wanted to continue their deliberations, on a Friday, so they would not have to return Monday.

Giunta said district judges have the discretion to determine how long juries should deliberate without an overnight break.

Ray was convicted of theft in September 2005 for mishandling the $75,000 he received from Ellen Stokes, who wanted him to invest the money. Ray invested only part of the money, and Stokes saw no return on the investment.

That Ray was acquitted of two of the three counts he faced - security fraud and being an unlicensed investment adviser - shows the jury was not prejudiced by the late deliberation, Giunta said.

But Dickinson argued the jury was too exhausted to adequately consider the evidence, which consisted of numerous bank records and other documents.

"There has to be a time to stop," Dickinson told the justices.

Ray was placed on probation for 12 to 48 months and ordered to repay $32,392 to Stokes. He later filed for bankruptcy, according to court records.

The Supreme Court will rule later.

Despite opposition from Gov. Jim Gibbons, a state board has delayed approving $100 million in tax-exempt bonds to help build a plant that would supply hot and chilled water to the Echelon Resorts on the Las Vegas Strip.

The issue is whether the company - LVE Energy Partners LLC - should be required by the bond agreement to pay the prevailing wage to construction workers.

The state Department of Business and Industry drew up the bond package with LVE Energy for the industrial development bonds and sought approval of the state Board of Finance, headed by Gibbons.

The hot and chilled water would be used to heat and cool the resort.

State Controller Kim Wallin and State Treasurer Kate Marshall, members of the finance board, said that before making a decision they want a legal opinion on whether Nevada law requires companies receiving bonds to pay the prevailing wage.

The board voted 3-2, with Gibbons in the minority, to delay approval of the bonds until the state attorney general's office reviews the matter.

Mendy Elliott, director of business and industry, initially said failure to approve the bond issue would kill the project. But state officials later said the agreement between the state and LVE Energy does not expire until the end of November.

Gibbons promised to call a special meeting of the finance board as soon as the attorney general's legal advice is ready.

Construction of the 72,000-square-foot plant is to start next month.

Elliott, State Housing Director Charles Horsey and Lon DeWeese, chief financial officer for the housing division, told the board that the U.S. Supreme Court has held that the prevailing wage does not have to be paid with this type of bond. They also have three opinions from private lawyers that the bonds do not require payment of the prevailing wage.

Wallin and Marshall were joined by Mike Kern, a board member from Las Vegas, in opting for the delay pending the attorney general's review. Gibbons and Dave Funk of Reno dissented.

Boyd Gaming is developing Echelon Resorts at the site of the former Stardust.