75°F
weather icon Clear

City seeks new trial in crosswalk case

Boulder City is asking Nevada’s Supreme Court to grant a new trial in a case in which it was found guilty of vindictive prosecution against a former resident.

On June 19, the city petitioned to have an order by District Judge Richard Scotti vacated. The case stems from the June 8, 2016, arrest of former resident John Hunt while he was protesting a police-sanctioned crosswalk enforcement event.

In October 2018, Scotti ruled that the city had vindictively prosecuted Hunt and dismissed the case, saying it violated Hunt’s First Amendment rights. In December, the city unsuccessfully attempted to have Scotti disqualified and obtain a new trial.

City Attorney Steve Morris said lawyers have been working on this petition since about two months after that denial.

“The city took steps to have Judge Scotti disqualified, which did not conclude until the end of 2018,” he said. “In February of 2019, the city retained Marquis Aurbach and Coffing to prepare a writ contesting Judge Scotti’s decision, and as soon as the writ was completed and accepted, it was filed with the Nevada Supreme Court.”

In the petition, the city is asking for “extraordinary relief” by having the Supreme Court require the District Court to hold a new trial in Hunt’s case as required by state law. The city also argues that Scotti acted without proper authority and seeks to have Scotti’s dismissal order and ruling vacated.

“This filing is a ridiculous waste of time and money,” said Stephen Stubbs, Hunt’s attorney. “Steve Morris fails to realize that vindictive prosecution is a violation of constitutional rights by the prosecutor, not the police. It was Steve Morris that violated John Hunt’s rights by vindictive(ly) prosecuting him and charging him with a crime for exercising his First Amendment rights. Inexplicably, this new filing tries to get the Nevada Supreme Court to rule on whether the police acted appropriately, which has nothing to do with Judge Scotti’s decision and is the subject of the civil litigation, not the criminal case.”

Stubbs also questioned why the city is paying a law firm “tens of thousands of dollars to try to resurrect a misdemeanor charge where the highest punishment is community service.”

For this proceeding, the city retained Marquis Aurbach Coffing at the rate of $200 per hour and has spent $1,400, according to Morris.

Morris also said the law firm has represented the city through various cases with POOL/PACT but was retained for this case based on its knowledge, skill and expertise with this matter and appellate practice.

Stubbs said his next step is to file an opposition to the city’s petition.

The Nevada Supreme Court has yet to set a hearing in the case. Morris said the court will determine whether an answer is required and if so, when it needs to be filed.

Supreme Court Petition by Boulder City Review on Scribd

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Preservation Day: A step back in time

Dozens of people had an opportunity to journey back in time and get an inside look into Boulder City’s past as part of Saturday’s annual Historic Preservation Day.

Jenas-Keogh paces girls on track

Putting their best foot forward, Boulder City High School track and field will be well respected at the 3A state meet, qualifying 12 girls and nine boys after this past week’s regional meet.

McClarens lead swimmers to title

Continuing their illustrious pedigree of excellence, Boulder City High School boys and girls swimming each took home 3A regional championships this past weekend.

Eagles finish as top seed from south

Making a return trip to the state tournament, Boulder City High School baseball enters as the top seed out of the south.

Grace Christian Academy set to close after 26 years

For a little more than a quarter century, Grace Christian Academy has offered an alternative to elementary education in Boulder City. But as of the end of this month, its doors will be closed.

That’s good; no, that’s bad

Have you ever noticed how life can feel perfectly calm, and then suddenly everything hits at once? The calm before the storm is a real phenomenon in nature. The atmosphere often becomes extra still and quiet just before a raging storm breaks. And then, when it finally rains, it often pours, as the saying goes.

Garrett excels in classroom, field, stage

Garrett Junior High School has been very busy this quarter. Across campus, classrooms are wrapping up their final projects and concluding MAP testing to bring us into the final few days of the school year.

Something new is afloat in Boulder City

Last week, city staff took the Municipal Pool bubble down for the last time.

Data centers still a hot topic

It’s one of the most discussed topics around town these days: that being the proposed data center in Eldorado Valley, nearly three miles from the nearest residence in Boulder City.