Mosley may quit 311 Boyz case

Erica D. Johnson

Tuesday, Sept. 9, 2003 | 10:58 a.m.

The judge scheduled to preside over the case of nine teenagers charged in a violent attack in a Summerlin neighborhood could step down from the case because of a potential conflict of interest.

During a brief hearing on Monday District Judge Donald Mosley announced that he could possibly recuse himself from the case because he and one of the teens charged share the same attorney.

Thomas Pitaro represents Ernest Bradley Aguilar, 17, one of the defendants in the case. Pitaro also represents Mosley in an ongoing custody battle between Mosley and the mother of his 11-year-old son.

Police say Aguilar and the eight other teens are all members of a gang called the 311 Boyz. The teens face attempt murder, battery and coercion charges, all with a deadly weapon stemming from the attack that left 17-year-old Stephen Tanner Hansen with serious injuries.

If Mosley does recuse himself from the case, he will be the second judge to step down from the case since the teens were indicted by a grand jury on 13 felony charges last week.

District Judge Kathy Harcastle was initially assigned to preside over the case, but recused herself because she has a child enrolled at Centennial High School, court spokesman Michael Sommermeyer said.

Most of the defendants are current students or recent graduates of Centennial. Sommermeyer said Hardcastle could not discuss the case.

Mosley said he would announce Wednesday whether he would remain on the case. All nine defendants are scheduled to appear in court for an initial arraignment.

Mosley said he would still preside over that hearing, but on Monday, it appeared likely that he would step down from the case before it reaches trial.

"(Pitaro) currently is my counsel," he said. "In the grand scheme of things, I don't think I can try this case with Mr. Pitaro involved."

Judge Bill Dressel, of the National Judicial College, said it is not uncommon for one or more judges to step down from a case due to a potential conflict of interest.

He said most judges believe they could preside over the case fairly, but do not want to risk the appearance of impropriety.

"It is often done if there is a conflict, but mostly if there is an appearance of a conflict," he said. "It's done to create an air of fairness."

Authorities say Aguilar; Steven Gazlay, 18; Jeff Hart, 17; 16-year-old twins Anthony and Brandon Gallion; Mathew Costello, 17; Christopher Farley, 18; Dominic Harriman, 19, and Scott Morse, 18, terrorized Northwest neighborhoods in recent months and even videotaped some of their attacks.

They say the teens threw a rock through the window of a truck in which Hansen was riding and the rock shattered the left side of Hansen's face. The teen has undergone several major reconstructive surgeries since the July incident.

Mosley's announcement came during a hearing Monday in which Hart's attorney, Sean Sullivan, was scheduled to argue for a bail reduction for his client.

As of Monday Hart was the only defendant still in custody at the Clark County Detention Center. The other teens were released on bonds of $40,000 each.

The hearing was postponed due to a mistake with Hart's transport from the jail. Corrections officers transported Hart back to the jail after a preliminary hearing in Justice Court was officially dismissed.

Hart never appeared before Mosley for the scheduled bail hearing. Mosley said that matter would be taken up at Wednesday's hearing.

Terry Mosley, has waged a legal battle against Donald Mosley for more than five years to gain sole custody of their son. The Nevada Supreme Court in August denied her petition for a rehearing after she was granted joint custody of the child.

Terry Mosley has claimed that Donald Mosley is not complying with that order.

If Judge Mosley were to step down from the case, Sommermeyer said, the case would return to the clerk's office where it would be randomly reassigned to another judge who handles criminal cases.

Sommermeyer said recusals are taken seriously by district court judges.

If an attorney perceives a potential conflict of interest, he or she can file a motion asking that a judge recuse him or herself. In those cases, attorneys can request to argue their case before the chief judge, he said.

Court officials must be satisfied, however, that requests for recusals are legitimate, Sommermeyer said.

"We want to prevent judge-shopping," he said. "That means trying to get a judge recused just so that another judge can hear the case."