NV Costco - CCer shot by PD

[OvadekP]

http://www.lvrj.com/news/family--acl...103104829.html

Access to hearing, evidence in Costco shooting denied

Family, ACLU filed motions before coroner's inquest

By LAWRENCE MOWER
LAS VEGAS REVIEW-JOURNAL
Erik Scott

Two motions to see evidence before Wednesday's coroner's inquest into the police shooting death of Erik Scott were turned down on Thursday.

Scott, 39, was killed July 10 outside a Costco store in Summerlin.

The motions, served last week by Ross Goodman, the attorney representing Scott's family, and the American Civil Liberties Union of Nevada, asked for the family or Goodman to sit in on the pre-inquest hearing. The pre-inquest hearing is where the presiding officer in the inquest meets with the coroner and a district attorney to go over evidence and witness lists.

An attorney for the courts, Joe Tommasino, wrote to Goodman and ACLU of Nevada staff attorney Maggie McLetchie that the hearing officer, Justice of the Peace Tony Abbatangelo, does not have to let them sit in on the hearing under the Clark County Code.

The issue touches on a gray area with the coroner's inquest process. Although it takes place in a courtroom in front of a judge, jury and prosecutors, it is not a legal proceeding. The rules of a courtroom, such as filing motions and having cross-examination, don't apply, and the jury's verdict -- justified, excusable or criminal -- is merely advisory.

Inquests are a Clark County ordinance set up as a "fact-finding" process whenever someone is killed by police.

The attorney for the courts wrote that the motions were "unusual" because there's no court clerk to accept them. Goodman and McLetchie had the motions served instead on the coroner, Abbatangelo and the district attorney's office.

Goodman on Thursday criticized the letter from the court attorney because Goodman didn't consider it a proper response. "I'm still waiting for a response from the coroner's office or the presiding officer," he said. "The staff attorney for Justice Court has no role or jurisdiction under the code."

Chief Deputy District Attorney Christopher Laurent said on Tuesday that the pre-inquest hearing took place last week and there were no plans for another one. He said his office would not release evidence in what he called an "on-going investigation" before the inquest. "We're not going to provide anything to either of those organizations," Laurent said.

The ACLU of Nevada also filed a public records request with the coroner's office to release the evidence before the inquest. In Tommasino's letter, he said the coroner's office does not have "legal custody" of the evidence, as the state public records law requires.

These issues were also brought up two years ago, when a lawyer representing the family of Deshira Selimaj, the ice cream truck driver shot and killed by a Henderson police officer, filed a federal court case seeking the release of the information before the inquest.

The federal judge in Reno wrote in an order the code does not grant the family of the deceased "any right other than to present questions in writing to the presiding officer."

The judge did express concern, however, that neither the Clark County Commission nor the Legislature had established discovery rights for interested parties in inquests. Discovery is the legal term for the sharing of information between the parties involved in a court case.

Goodman on Thursday expressed frustration over the coroner's inquest process. "I hope what I'm doing here is going to be used as evidence to show how unjust and unfair this process is," Goodman said. "The victim has no right to the evidence. The family has no right to see the autopsy report."

Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440.

[falcn]

A good review of the incident from an outside observer

http://confederateyankee.mu.nu/archi...48.php#Scene_1

[Halftrack]

It looks like a given that the family won't get any satisfaction from the inquest. I need to disinfect my entire computer system now that I've read all of this. The stench from LV travels too well over the 'net.

WhiteFeather, for those who do not have the resources to listen to that, do you have a synopsis?

I think the inquest is due at the end of the month?

This is the link to archives for the radio show. It looks like you can download the mp3 files.

http://2aradio.com/archives.html

His conversations with an attorney present at the inquest are quite enlightening. Guys, you HAVE to listen to the show from 9/24 about the inquest. I warn you, however, that if you are easily angered, you will probably throw your monitor through the wall when they talk about the video (or lack thereof). ANYBODY with a couple of brain cells to rub together can call BS on the video issue.

AND this is a link to local news about the process. http://www.fox5vegas.com/news/25165804/detail.html

All I see them doing right now is pissing the family off enough to go for as much blood as they can get from every party involved. We know damn well the family will push as far as they have to. I would. Costco has deep pockets and suing the shit out of Las Vegas would be most gratifying.

Regardless of anything else, the man was shot 7 times. Seven ... friggin' ...... times. FIVE TIMES IN THE BACK.

[wewo]

Has Bloomberg gone on record saying "You see, if he didnt have a gun this never woulda happened!"? NVM, I saw NY when it was clearly NV, but he probably said it anyway.

[falcn]

You can watch the inquest live streaming on the local Fox station web page here:

http://www.fox5vegas.com/video/24993...TOKEN=51102124

[falcn]

Watching this again....sometimes it is very frustrating.

[phoenix_iii]

Trying to watch it now and it's just commercials and the weather??

Using link you provided.

[donm]

http://www.lvrj.com/news/coroner-s-i...103734244.html

Sure would be interesting to see the video if it ever materializes. According to his companion that day, after the cop had his gun drawn and pointed at him and had ordered him to the ground, "Scott raised his shirt to reveal the gun and had grabbed it to put it on the ground when the officer fired his pistol, she said."

[ByblosHex]

Ok. So he grabbed a gun. Bad idea.

[falcn]

Trying to watch it now and it's just commercials and the weather??

Using link you provided.

Inquest is over.

From the Fox 5 webpage: Jurors have reached a verdict in the coroner's inquest of a man shot by police outside a Costco store in Summerlin.