Fed up with inmate’s appeals, court makes a threat

Sunday, Sept. 13, 2009 | 2 a.m.

CARSON CITY — The Nevada Supreme Court has tired of one state prison inmate’s continuous filing of appeals.

The court last week told Percy L. Bacon that if he continues appealing his convictions in Clark County for burglary, theft and forgery, it will ask the state prison system to forfeit all of the credit toward reducing his sentences that he has earned by working or exhibiting good behavior.

Bacon, 49, was convicted of 15 counts of burglary, theft and forgery.

He has filed at least 15 petitions or appeals with the Supreme Court.

The court, in an order Friday, told Bacon, “This continuous stream of filings is an abuse of judicial resources.” If Bacon continues “to file frivolous documents, this court will refer appellant to the director of the Department of Corrections for the forfeiture of deductions of time earned.”

Bacon is imprisoned at the Southern Desert Correctional Center.

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A state Tax Department employee has filed a lawsuit alleging he is the victim of discrimination.

Ty Robben, who has worked in the department since 2002, filed suit in federal court in Reno, alleging racial slurs, profanity and pornography combined to make the agency a hostile place to work.

Attached as exhibits to the suit are pictures of nude and seminude women, which Robben claims appeared on the department’s Web site.

Robben alleges that when he brought his complaints to his superiors, he was demoted. He also claims he was reprimanded when he took sick leave to be with his ill son.

The suit asks for unspecified damages for emotional distress, harm to his reputation and loss of enjoyment of life. The suit names the state and Deputy Tax Director Vince Cherpeski.

Cherpeski called the allegations “baldfaced lies.” Robben, he said, is a “malcontent who was asked to do his job” as a senior information technology officer.

Regarding one of the allegations, Cherpeski said all department computers were inspected and no pornography was found.

Cherpeski said the state attorney general’s office will defend him against the suit.

•••

The state Board of Examiners has approved a $10.6 million contract between the Nevada Army National Guard and Sierra Solar I to build three solar projects in Clark County and Carson City.

Sierra Solar will finance, design, construct and maintain the photovoltaic systems at National Guard centers in North Las Vegas and Las Vegas and at the Guard’s headquarters in Carson City.

The Guard has agreed to pay a fixed price to buy power generated by the solar facilities for the next 20 years at an estimated saving of $3 million.

Discussion: 13 comments so far…

By Tahoety

9/13/09 at 8:25 a.m.

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A malcontent? Boldfaced lies? Vince it was confirmed you used racial slurs and other insults and you can't deny the email data I have along with the witness accounts and audio data I have along with people who have worked with you in the past. You are a very, very troubled person" Too bad my offers for mediation were rejected. I look forward to exposing your boldfaced lies Vince Cherpeski.
By Tahoety

9/13/09 at 3:44 p.m.

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Charging Party agrees with Respondent's position statement. Mr. Cherpeski did use the words "God Damn" and "Jewed". ...and others
By seeker

9/13/09 at 3:45 p.m.

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Sounds like Vince Cherpeski should be fired for this.
By danaesq

9/14/09 at 1:43 a.m.

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Seeker:

Maybe you might want to wait for ALL of the facts to come out first before anyone gets fired. Just a thought, but newspapers are very rarely an accurate forum for stating ALL of the facts as they may apply to ALL of the relevant issues that are present. In fact, newspapers are, in my experience, essentially useless in accurately setting out the facts without at the same time putting a slant on the story that is so steep as to make the story essentially useless as far as accurately stating the truth is concerned. In my experience of late, the only thing newspapers are good for is for lining the bottom of the bird's cage and even then it does not do that great a job. Throw in the fact that you are often talking about a liberal rag like the Sun, and the chance of getting a fair unbiased report is down to almost nil. You would have a better shot at getting Hairy Reed to turn on the KKK (as in Kerry, Kennedy (RIP!) and Klintons) and vote Republican consistently. It is truly too bad that money, greed and an absolute need and desire for absolute power are such great bedfellows, but they do not help much in being able to accurately discern the truth.
By afveteran

9/14/09 at 7:59 a.m.

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The operative word is a malcontent, and that is enough to get rid of him. Disruptiveness destroys productivity.
By Tahoety

9/14/09 at 9:26 a.m.

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Two separate "whistle blower" charges were filed by two separate employees including one by Mr. Robben acknowledging serious problems with the new $50 Million dollar Tax computer system. Both "whistle blower" charges shed light on major accounting problems (accounts not reconciling correctly) and source code problems that should have been addressed before the Nevada Taxpayers were fleeced for an estimated $50 Million dollars to the contractor that build this rip off.
By Tahoety

9/14/09 at 9:27 a.m.

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Here are some of the facts:

Charging Party (Ty Robben) agrees with Respondent's (Taxation/Cherpeski) position statement. Mr. Cherpeski did use the words "God Damn" and "Jewed" even if it was used in small groups of employees; it's still unacceptable for a Director to use this kind of language and others to create a hostile work environment.

Mr. Robben offers multiple times to have the situation mediated by a professional arbitrator/mediator and these offers were rejected by the State every time. In fact, the former DOP Director Todd Rich told me "sue us""

Mr. Robben was reprimanded for using two family sick leave days when in fact his 15 month son had a fever and a note confirming this.

Mr. Robben was suspected of having inappropriate material on his work computer when in fact he received inappropriate material from other on the State email system.

Mr. Robben was not demoted as the story says. Instead Mr. Robben received a promotion after appealing the situation. Although the Personnel department tried very hard to block the promotion by "changing the rules of the game" in the middle of the game"

The final straw that broke the camels back was the "Fitness for Duty" thing. The State tried to make Mr. Robben the source of the problem(s) and made me take a psychological "Fitness for Duty" examination with their quack tool psychologist" After spend all day taking the MMPI-2 test and answering questions, etc" it was determined I am a normal person who "may have" sub manic "hypomania"" When I was put on "unpaid leave" for 60 days it became very clear I needed to file this lawsuit. They also made matters worse because this is further ADA discrimination by removing an employee for alleged "hypomania"" I obtained a second and third psychological "Fitness for Duty" examination and it was determined I don't have sub manic "hypomania"" I am just "Pissed Off" at the retaliation like "unpaid leave" for 60 days as would be considered "normal" under the condition. It wouldn't be normal not to be upset they said. All the psychologists stated mediation would have been preferred, but the State declined that.
By Phargo

9/14/09 at 10:27 a.m.

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people in prison should be allowed a normal amount of appeals. What is normal? Maybe one or two. I don't know , but every time a black person is convicted of anything, he or she cries discrimination. That is a worn out phrase, maybe sometimes it is discrimination but when it is used every time it loses something. What are you going to do? All black people use it, and nobody even believes it anymore. Kind of like the parable of the boy who cried wolf.
By Burrittobandit2

9/14/09 at 12:40 p.m.

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Who could take an inmate with last name of Bacon seriously? Big Bubba gonna get some bacon tonight
By LV4LIFE

9/14/09 at 12:51 p.m.

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Phargo, that is the most ignorant, uneducated, racist thing you could say. Please do yourself a favor and hush up!
By wakeup

9/14/09 at 4:44 p.m.

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"all black people use it'" the story is about what? stop using any excuse to share ur racist sentiments. all black people 39 million americans or 14 billion in the world all think alike?

yahoo just published a story about the most entertaining cities Vegas didn't make the cut
By Desert_Rat

9/14/09 at 4:48 p.m.

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"Jewed" is a racial slur? I thought it was a verb.

(kidding)

:-)
By StanG

9/15/09 at 1:37 a.m.

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Mr. Robbin:
Didn't your lawyer warn you about talking about your case? I'll bet he has a sh!t fit when he sees how you've laid out your case in the paper. You do know that you'll be queried on every sentence and every word.