Schmidts take plea agreement

By Matt Pordum

Tuesday, July 26, 2005 | 11:07 a.m.

A mother's decision to gamble instead of being at home with her two daughters could lead to eight to 20 years in prison.

Tamara and Robert Schmidt pleaded guilty Monday to one count of felony child abuse and neglect causing substantial bodily for not being at home when their 3-year-old daughter, Kristyanna Cowan, was fatally stabbed and her half-sister, Brittney Bergeron, was left paralyzed.

Under the terms of the plea agreement District Judge Donald Mosley could sentence both Schmidts to anything from probation to 8 to 20 years in prison on Sept. 27.

The Schmidts originally faced two felony counts and 12 gross misdemeanor counts of child abuse and neglect. If convicted of both felonies and Mosley opted to sentence them consecutively, the Schmidts could have faced 16 to 40 years in prison.

The gross misdemeanor counts carry a maximum sentence of one year in jail, but prosecutors said it would be rare for any judge to decide to have a person serve more than two such charges consecutively.

Prosecutors allege Beau and Monique Maestas first confronted the Schmidts in January 2003 over allegedly bogus drugs at the CasaBlanca hotel in Mesquite. After being kicked out of the hotel, prosecutors allege, the siblings went looking for the couple at the Schmidt's trailer in the CasaBlanca RV park, but found Tamara Schmidt's daughters instead.

Prosecutors said during the attack the Schmidts were at the hotel, gambling and drinking.

Chief Deputy District Attorney Tom Carroll said the negotiation was "a fair deal for everybody."

"The state secures felony convictions and now Judge Mosley will have the opportunity to impose prison time or probation for two defendants that originally faced two felony charges," Carroll said.

The only difference between Robert and Tamara Schmidt's plea agreements is that prosecutors have retained only the right to argue what Tamara Schmidt's sentenced will be.

Neither Deputy District Attorney Lisa Luzaich-Rego nor Carroll would comment on what sentence they would argue for, saying only they would be arguing for prison time.

Tamara Schmidt's attorney, Joe Caramagno, said the decision to accept the negotiation was reached roughly only two hours before Mosley accepted the guilty pleas in court.

Caramagno said after reviewing witness statements provided by the prosecution he sat down with co-counsel Steve Caruso and Robert Schmidt's attorney, Ben Bingham, and talked about the possibility of a plea agreement.

"This was the best opportunity to get probation," Caramagno said. "That which occurred is a tragedy, and we didn't want to tragedy to become worse by seeing a jury convicting a mother who has turned her life around and is still grieving the loss of her daughter."

Bingham agreed with Caramagno's assessment of the case, but added that the case against Robert Schmidt seemed weaker than that against the mother.

"When it comes down to the nuts and bolts, it was a difficult case to defend," Bingham said. "Robert has a limited liability though because he wasn't married to Tammy at the time of the incident and he was not the children's father. He did, however, allow them to live in his trailer during the course of relationship with Tammy."

Regardless of the high publicity and gruesome nature associated with the case, Caruso believes both Schmidts have a good opportunity at receiving probation.

Caruso, who successfully defended Tamara Schmidt in her termination of parental rights case, said he believed "Judge Mosley is one of the few judges out there that will in no way be influenced by the notorious nature of this case."

It is unclear what effect Tamara Schmidt's decision to plead guilty and be sentenced for the crime will have on reunification efforts with Brittney ordered by Family Court Judge Gerald Hardcastle.

Because of a ruling by Hardcastle, Schmidt's parental rights have not been terminated and she is to have increased visitation with Brittney and undergo family counseling.

Brittney continues to live with a foster family. She recently received a $5.5 million settlement from the owners of the CasaBlanca Resort RV park where the attack occurred.

Brittney Bergeron's attorney, Steve Hiltz, the directing attorney of the Children's Attorney Project, said the true effect of the guilty plea on the reunification efforts between mother and daughter wouldn't be felt until after sentencing.

"The main effect would be if she (Tamara Schmidt) gets prison time because it would obviously deter any reunification efforts," Hiltz said. "If she gets probation, I'm not sure what would happen."

Speaking hypothetically, Hiltz said a termination of parental case could be refiled to include the felony conviction into evidence. He said accepting the re-filed case would be a decision left up to Hardcastle.

Hiltz said for now he and Brittney would be waiting for the results of an appeal of Hardcastle's decision filed with the Nevada Supreme Court. He said he expected a decision within the next six months.

Hiltz said at the moment family therapy is moving forward pursuant to Hardcastle's ruling.

As per Brittney, Hiltz said "she's doing great, but every time there is publicity it's not good for her." He said Brittany continues to be "very active in wheelchair athletics and is currently on her way to a national competition in Tampa Bay."

Caruso, however, said he was confident Tamara Bergeron's guilty plea and subsequent sentencing would have absolutely no affect on Hardcastle's order to increase reunification efforts.

He said the mother-daughter relationship is improving and this Thursday Brittney would visit her mother for the first time in Tamara Schmidt's home.

Luzaich Rego said while Brittney Bergeron could testify at her mother's sentencing "it will be up to her."

Beau Maestas, 21, previously pleaded guilty to one count each of murder, attempted murder and burglary, all with use of a deadly weapon. But at his penalty hearing in June, a Clark County jury announced that it was deadlocked 10 to 2 in favor of the death penalty for Maestas.

Because of the deadlock a mistrial was granted and Mosley scheduled a new penalty hearing for April 10.

Beau Maestas' sister, Monique, faces the same charges as her brother plus one count of conspiracy to commit murder. She has pleaded not guilty and is scheduled for trial on April 17 before Mosley.

She will not face a possible death sentence because of this year's U.S. Supreme Court ruling that people who were younger than 18 when they committed their crimes can't be executed for those crimes.

Monique Maestas was 17 at the time of the attack.