While facing DUI, Beckett ordered tougher policy

(A memo from former DA Bob Beckett has surfaced.....this is a very interesting article!) 

"The memo raises a number of questions and concerns about what prompted it, how it was enforced and what possible negative effects it had on the dispensation of justice in Nye County."

By MATT WARD
PVT
10 November 2010

Nye County’s judicial system is the “laughing stock of the known universe.”

That’s what Pahrump criminal defense attorney Harry Kuehn says.

The 30-year veteran lawyer, with stints at seven district attorneys’ offices in Nevada to his credit, is saying that a lot lately.

He and fellow public defenders at local law firm Gibson and Kuehn are looking forward to Brian Kunzi taking over the Nye County District Attorney’s Office. They say the D.A.-elect has his work cut out for him.

Kunzi says he’s a bit nervous about what he’ll find when he takes office.

One artifact he is sure to uncover very quickly — he already knows about it — is an internal policy written in October 2009 by disgraced former D.A. Bob Beckett. The memo spells out a policy that forces deputy prosecutors to alert him or his chief deputy district attorney in charge of criminal cases, Kirk Vitto, before they negotiate even the most mundane plea bargains.

The Pahrump Valley Times was handed the internal memo by a confidential courthouse source. It details what Nye County prosecutors should do in cases of DUIs, domestic batteries, drug cases, property crimes, crimes against the person, sex offenses, cases involving habitual offenders and “negotiations of criminal offenses generally.” The policy memorandum is both broad — it deals with felonies and gross misdemeanors — and specific to the point of threatening.

“Any exception from this policy is to be rare and only with specific authorization from Kirk or myself. Any deviation without authorization will result in the (plea) agreement being returned from the District Court level. You will also set yourself up for disciplinary measures that include suspension and termination,” the document states.

Asked to explain how the policy originated, Vitto declined to comment.

“I don’t comment. I’m not going to comment, especially in light of the new administration,” he said.

The memo raises a number of questions and concerns about what prompted it, how it was enforced and what possible negative effects it had on the dispensation of justice in Nye County.

According to the memo, the only acceptable course of action at prosecutors’ disposal to deal with the broad array of criminal charges outlined is to get suspects to “plead straight up” or get defendants to accept the minimum sentences recommended by law. Any other plea deal would require authorization — ostensibly from a district attorney who was already facing his own legal troubles due to a bizarre DUI arrest in California. Doubly ironic, Beckett would face far more lenient terms when his own criminal case involving obstruction of a public official went before a judge several weeks ago. 

Kuehn and other defense attorneys say the memo is unprecedented.
(click below for the rest of this VERY interesting article:)
http://pvtimes.com/news/while-facing-dui-beckett-ordered-tougher-policy/comment-page-1/#comment-7357

VITTO WILL SERVE AS DA UNTIL KUNZI TAKES OVER NOV. 22

Commissioner Eastley said her observation has been the district attorney’s office has been in a state of chaos for more than a year.

"This is a very vital concern to the office in being able to get in here early. There has been a lot of chaos in the office as commissioner Eastley stated. This helps in the transition and making some of the changes I want to do,” Kunzi said.

By MARK WAITE
PVT
10 November 2010

TONOPAH — Nye County Chief Prosecutor Kirk Vitto, a 20-year county employee, was appointed interim district attorney Tuesday by county commissioners until Nov. 22, when Brian Kunzi will take the post.

Former Nye County District Attorney Bob Beckett resigned his post effective Nov. 1, in a plea bargain to a charge of obstruction of a public officer, in connection with the administration of the bad check program.

Commissioner Joni Eastley made the motion. Fellow commissioner Lorinda Wichman wondered if the D.A.’s office could get by until January without a district attorney when Kunzi’s regular term begins.

Eastley said the county never filled former chief civil deputy district attorney Ron Kent’s position, after he was terminated by Beckett last February. But assistant county manager Pam Webster said the county didn’t include Kent’s position in the current fiscal year budget.

Eastley was correct when she said Nye County will save money not having to pay Kunzi the longevity pay Beckett enjoyed. Webster said that will save the county $16,000 for the rest of the fiscal year, which ends June 30. Another $10,000 savings will be realized from having Vitto in that position for half of November, she said.

Eastley said her observation has been the district attorney’s office has been in a state of chaos for more than a year. Two other D.A.’s office employees have had to pick up Kent’s workload, she said, referring to Marla Zlotek, the newly-appointed chief civil deputy district attorney, and Michelle Jones, a deputy district attorney.

Eastley disagreed with Wichman’s suggestion to keep Vitto as interim D.A. until January.

“We would be asking him to assume the responsibilities of providing direction to that department in addition to having a huge caseload in the criminal department,” Eastley said. She added, “This department is in strong need of permanent direction.” 

Kunzi, who made the trip to Tonopah, said he already worked out his early resignation from the state attorney general’s office.

“This is a very vital concern to the office in being able to get in here early. There has been a lot of chaos in the office as commissioner Eastley stated. This helps in the transition and making some of the changes I want to do,” Kunzi said.

(The post above is the complete article from the Pahrump Valley Times)

http://pvtimes.com/news/vitto-will-serve-as-da-until-kunzi-takes-over-nov-22/