Thursday, Oct. 3, 1996 | 11:59 a.m.
The jury trial of two Los Angeles gang members accused of orchestrating the 1994 robbery of Harrah's hotel-casino will remain open to the public despite prosecutors' request for closure.
U.S. District Judge Philip Pro refused Wednesday to close a portion of the trial of Melvin "Shortdog" Foster and Chet "Poppa" Govan. Trial is set for Oct. 21.
Assistant U.S. Attorneys Tom O'Connell and Howard Zlotnick asked for the sealed trial based on concerns that two witnesses had been threatened and harassed. The prosecutors said they do not know who made the intimidating remarks and refused to disclose the identity of the witnesses.
Although Pro said he was sensitive to the witnesses' concerns, he said general anxieties over testifying cannot stand up against the defendants' constitutional right to a public trial.
Following the hearing, O'Connell said he planned to immediately notify the witnesses. He refused to say whether the witnesses had issued an ultimatum, refusing to testify if the court remained open to the public.
Foster and Govan, both 29, are accused of being the brains behind the brazen robbery that attracted national attention and prompted casinos to increase security. The two are accused of drafting five fellow gang members and providing them with guns and a getaway car. The other gang members pleaded guilty and are serving prison time.
The charges against Govan and Foster include conspiracy to interfere with commerce by threats or violence, use of firearms in a crime of violence, aiding and abetting, money laundering and forfeiture.
The $97,000 taken from Harrah's was never recovered.
In asking for the partially closed trial, the government suggested that the media and the defendants' family could remain in the courtroom and listen to the witnesses' testimony. However, fellow gang members who allegedly plan to attend the trial would be removed under the government's proposal.
Nevada Press Association attorney Kevin Doty planned to protest the requested closure at the request of the Las Vegas SUN and other media. However, he never had to verbalize the media's opposition because the judge ruled against the government.
Pro assured prosecutors that if any member of the audience makes hand gestures -- such as shaping one's fingers like a gun and pointing it to the head -- or is verbally disruptive, the person will be removed immediately.
The robbery occurred about 2:45 a.m. on April 24, 1994. Gang members Joseph Wright, Dontrell Carter, Damon Littlejohn and an unnamed 17-year-old, all wearing stocking masks, busted into the casino and threatened workers and gamblers as they removed $97,040 from the cashier cage.
While fleeing, Metro Police officers spotted their car, driven by Jamal Brown, and a 20-minute, high-speed chase ensued.
Brown, Wright, Carter and Littlejohn were convicted for their parts in the robbery and sentenced to eight to 10 years in prison. The government has not indicated whether the men will testify in the October trial. The case against the then-17-year-old remains under seal.
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