Wednesday, Feb. 5, 2003 | 9:23 a.m.
Former District Attorney Stewart Bell and Chief Deputy District Attorney David Barker have filed a motion to dismiss a federal lawsuit in which they are named as defendants.
Bell and Barker are included in a suit against District Judge Donald Mosley alleging that an accused criminal was sentenced and then illegally given a second, tougher sentence for the same crime in a 2000 case before the judge.
In a motion filed Monday, the two claim that violations of procedure and prosecutorial immunity exempt them from consideration in the case.
The case began when plaintiff Jeanette Faye Sadoski was sentenced to a gross misdemeanor in June 2000 for a $6,000 theft from a Las Vegas store where she worked.
At a later hearing to consider revoking her probation in July 2000, Mosley learned that Sadoski had been arrested on other felony charges at the time of the earlier sentencing, and that this had not been revealed to the court. Sadoski's sentence was made more severe as a result of the new information about her criminal record.
A series of legal rejoinders from the plaintiff followed, the most recent being a class-action lawsuit that could potentially affect other cases in which Mosley has ruled. The suit names Bell and Barker.
But Bell and Barker's motion filed Monday said the plaintiff "has failed to follow the appropriate procedures to request relief from the Nevada Supreme Court" before filing a suit at the federal level.
Additionally, the two are said to have carried out duties "within the scope" of the district attorney's office, making them immune from any responsibility in the case.
Janson Stewart, chief deputy district attorney representing the defendants, could not be reached for comment.
Las Vegas attorney Osvaldo Fumo, local counsel for the plaintiff, said the motion shows that his client's case has legal basis.
"Their response is entirely procedural," he said.
"They're not commenting on the merits of the case and the reason they're doing that is because they know they're wrong."
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