By MARK WAITE
PVT
Dozens of requests to disqualify the Nye County district attorney’s office and recuse judges from hearing cases in which Sheriff’s Dep. David Boruchowitz is involved have begun to hit the courts.
The requests, by public defenders working for the Gibson and Kuehn law firm, claim the DA’s office should have provided them with evidence under the rules of discovery to back up claims by DA Bob Beckett that Boruchowitz is a liar and perjurer.
Beckett and Boruchowitz became involved in a highly-publicized spat after Boruchowitz arrested Beckett May 5 for misusing funds in the Bad Check Program, after which Attorney Conrad Claus, a prosecutor appointed by Beckett, filed 25 counts against Boruchowitz on May 20 for a variety of charges including false arrest and oppression under color of office.
The first case in which the motion to disqualify the DA’s office was heard involved murder suspect Timothy Liapes, accused in the March 2009 death of Robert Humphrey. Attorney Harry Kuehn referred to Beckett’s published statement that “we have affidavits of perjury against Boruchowitz.”
Beckett went on to say in a Pahrump Valley Times interview that he had no faith in any criminal case in which Boruchowitz was involved, Kuehn’s motion said.
In response, Nye County Sheriff Tony DeMeo referred to the order issued by visiting Judge Robert Estes, in which Estes said documents he reviewed weren’t affidavits of perjury and were not relevant to the Liapes case.
Mere allegations of the untruthfulness of a police officer is not exculpatory evidence — evidence to clear Boruchowitz from fault, Estes noted.
Kuehn’s motion said Liapes couldn’t be prosecuted by a suspected liar. Liapes is scheduled for a status hearing July 26.
While both 5th District Judges Robert Lane and John Davis declined to grant the motion to withdraw the DA’s office from cases and didn’t recuse themselves, attorneys for Gibson and Kuehn note Joseph Patrick Lamoureux’s case has been continued until a calendar call Jan. 11, or after Beckett leaves office.
Lamoureux, a former Army Reserve sergeant, was arrested for a shooting incident at Terrible’s Lakeside Casino Sept. 19, 2008. Sheriff’s Dep. Eric Murphy was injured during the gun battle.
Lane denied four requests for withdrawal of the DA and recusal of the judge Monday.
In his motion opposing the request to disqualify the DA’s office in the Stephen Labrum burglary case, Deputy District Attorney Wesley White wrote:
“It appears that many defendants in Nye County and their attorneys view the entire Beckett vs. Boruchowitz matter as a once in a lifetime opportunity to get what they most desire and seek: the obstruction, obfuscation, barrier-raising, obstacle-inducing and indefinite delay of each and every case where their client faces prosecution in a case that Boruchowitz is a witness.”
White said the public defenders’ motions don’t include case precedents. He said many trials normally involve attacks on the credibility of prosecution witnesses.
“The longer this case lingers and spins its wheels on the treadmill of our legal system, the harder it becomes for the state to obtain justice,” White wrote.
Tom Gibson, a partner in Gibson and Kuehn, said his firm could file the motion on as many as 160 cases in which Boruchowitz was involved. Kuehn said it would be more like 50 to 100 cases that involve Boruchowitz.
“So far, what the judges have been doing, they’re being more conservative, saying the DA’s office is still on it, but we’re going to continue on it until Beckett is out of office,” Gibson said.
While the old saying “justice delayed is justice denied” might apply, Gibson said his firm didn’t have a choice.
Public defenders may have to call Beckett to the stand to question Boruchowitz’ credibility. It would create a predicament for prosecutors from the DA’s office to question the boss, he said.
“Liapes and Lamoureux both said, ‘You know what? Rather than have these morons prosecute us, we would rather have a new DA prosecute us and go from there,’” Kuehn said.
Kuehn said attorneys for his firm obtained 17 documents Tuesday that Beckett said show Boruchowitz was a liar. They will be introduced in court at a later date.
The defense will ask for an investigator to consider every allegation of lies, not only by Beckett but others who claim he’s a liar, Kuehn said. He called it a rare opportunity where a DA called a lead investigator untrustworthy.
Kuehn spoke while awaiting a decision from Davis Tuesday on two more requests to disqualify the DA’s office and recuse the judge from hearing cases.
Davis sided more with the defense requests than did Lane, who feels a delaying tactic is being used. On Tuesday, Davis continued a case against Benjamin Ashley Shirley for maintaining a place for the sale of controlled substances to March 11, 2011, to avoid any appearance of impropriety. Davis ordered a special prosecutor be appointed in the child abuse and neglect with substantial bodily harm case against Bianca Enedina Razo-Pina, who is being held on $1 million bond after the death of her 2-1/2-month-old daughter Edith July 20, 2009.
Kuehn argued it would be a legal impossibility for a deputy DA to cross-examine his boss, the DA, for fear of losing his job.
But Nye County Chief Prosecutor Kirk Vitto told Davis he would be able to cross-examine Beckett, confident that the DA wouldn’t fire him and would understand he was doing his job.
AN OTHER CASE OF THE POOR QUALITY OF SHERIFFS DEPUTIES THAT HAVE BEEN HIRED BY THE NYE COUNTY SHERIFFIS DEPT. WE ARE A RUAL COUNTY PAYING VERY HIGH SALARIES FOR PUBLIC EMPLOYEES AND WE NOT GETTING MUCH FOR OUR MONEY..OUR COUNTY CITIZENS DESERVE MUCH BETTER PROFESSIONALS FOR OUR TAX DOLLARS.
Dah, then DO NOT vote for the Sheriff!
PERIOD..nuff said
There is all kinds of OD Jobs they could be helping People with, They just won’t do it. You know you can not get good help these days.
Oh Please,
Let’s just have an old fashioned SHOOT OUT?
Let’s have Tony and Bob draw a card for who gets which weapon….and charge $1,000 per seat to view the event…
We could advertise all over the “net” and the TOWN and COUNTY could get back all and more of the small investment.
It’s just not DEADWOOD it’s PAHRUMPWOOD!
One weapon could be a 45 and the other a 357.
Winner gets to keep the weapon (smiles).
Of course, the TOWN and NYE COUNTY can pick which weapon they will purchase for the “event.”
We can all bet on the winner at local “sports tables.”
That will help out our local taxes?
Of course this would be legal in the “TONY” eye…
He keeps getting all these Awards from the Military and he “is a vet?” So, I am not sure this will be a “fair fight?”
But, we could sweeten the pot with free tickets to a night at the RED EYE DIST. out on Homestead?
This is getting toooooooooooooooo funny, so I’m going to leave it the the Pahrumpians to respond….
Best Regards Out There,
Dr.O.
THIS POST IS ONLY THE OPINION OF DR. O. AND SHOULD NOT BE TAKEN AS AN ENDORSEMENT OF ANY LAW OFFICER (ELECTED OR UNDERAPPOINTED/OVERAPPIONTED) IN NYE COUNTY.
MARK…let’s go with your “MODERATION.”
I can say without a doubt that the Sheriff’s Dep. David Boruchowitz is person that think’s he can threaten people and get away with it. He uses his badge to threaten and intimite people, he also hides behind his badge to bully people. I hope that Sheriff DeMeo is actually blind snd not just ignorant to what goes on in his department.
Did you look between his legs?
Haaaaaaaaaaaaaaaa
DRO
We in this 24/7 world of Blogs and Comments have lost patience.
Just dump all my comments and posts MARK…
Maybe in 10 years this Newspaper will grow up and become the VOICE OF THE PEOPLE.
In the meantime, my brother has yet to be CONVICTED of any crime but has been denied his constitutional rights. While these corrupt bozos out there in that sandbox conduct their trivial little pissing match my brother Patrick is being denied medical attention and having his mail withheld. His family has been harrassed and bullied by the assistant DA Mr. Vitto, and the deputy who could have vouched for Patrick’s innocence in mailiciousness, was conveniently murdered up on his return to Pahrump from Afghanistan. Boy am I glad I live in the good old USA where veterans are treated with some respect and value. You guys have some kind of circus going on out there, that’s for sure.
Lida, I have been following your story, we have filed a FEDERAL Lawsuit against the County, Da office, Beckett etc… The Sheriffs office has a hand in our mess as well. Rck Marshall to name one. The way I see things is that these mentally ill freaks live in that filth ridden town and they really think NO one will be able to sort out the illegal acts they participate in. For me at least it could not be further from the truth. Society as a whole does not act as these worthless individuals have. Therefore it is very easy to see the rotten smell that is coming from this town/county. The FBI is not far behind these yahoo’s in their investigation. As a matter of fact I wouldn’t be surprised if there are more arrests as the months pass. Have faith, I know what I am talking about when I say the FBI is onboard. It will all come out but it will be In God’s time!!
i was in jail with pat, i am the marine that had all the amber alerts issued by burkowitz.
im saddened to hear pat is still in that hole. he is a strong MAN .
i will contact the law firm and the federal agencies u posted for my case.
thanks and let pat know we are praying for his release…
Boruchowitz is a lier, He makes up his own statements arrests who he wishes, it was like he loved to see his name in the paper on the news talking about a victum of a crime releasing her name and location of where she lived, if that wasnt enough, he continued with is quest of showing everyone what he was capable of, its like someone that is on drugs and spins out of control, thats what his behavior has turned out to be out of control with a gun, I feel safe. But all of them were sweeping it under the rug, dragging cases on involving inocent people and makeing there deals, so dont throw stones in a glass house!!!
Pack Heat & Tasers…. and Ride on…
DRO
Today marks the three year date my son was beat unconcious and I was arrested by Boruchowitz. Boruchowitz never let me give a statement, but he had a statement he made up himself, Beckett even backed that at the time, didnt question if he was a liar then, he arrested me, it must have been the buddy system hard at work and forget about the victum. We have a liar that did the arrest and a liar that knew it…
With dishonest Cops, You have dishonest Mayors, City Councilmen as well.
No doubt the DA, and the Prosecutor are also corrupt as can be.
The Judges have an IQ of 64 or less.
The People are Pawns that are used by these guys.
The Judicial System is big business, Money, Money, Money.
The Judge is nothing more than a RAT.
Parhump is not by it self, Corruption is happening all over America.
We The People have lost our Country.
5500 + Boys and Girls are dieing for nothing in Afganistan.
Many will come home and be Homeless, The wife found greener pastures.
No the Federal Government does not care one way or another.
We just celebrated Freedom Day, Not a day of Pic-Nic in the Park and Fire Crackers.
America is sick, This is not a day to get new Furniture as well.
We have People Flying the Flag and do not know what that means.
It is not being Patriotic.
With Corruption all over America Pahrump Wins!! When Beckett said he has knowledge of Boruchowitz lieing, Please Beckett we have proof just pull out all those false arrest cases you sat on for two years and one day. So he knows he is responsable for sentancing people who never even commeted a crime.. As for being a victum of a crime, your a victum again when the Justice system fails you. I called the DA’s office for two and a half years two times a week too find out if the adult that beat my 14 year old unconcious is going to be charged, they had statements medical records and a photo of my son even a week later his face was swollen eyes were black and his nose was broke. Boruchowitz made up his version in a statement he presented and said I organized a relaliation attack, when I was still trying to find out who did this too my son, the safety of our kids is most important. Then we have Tony I attempted to speak with him days after Boruchowitz arrested me, Tony right away said if this has anything to do with my deputies I cant discuss it with you, then were the heck should my complaint have realy gone……Not a Sheriff…
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Department of Justice Main Switchboard – 202-514-2000
Office of the Attorney General Public Comment Line – 202-353-1555
http://www.justice.gov/contact-us.html
I had filed a complaints with the local Sheriff’s department then with the local DA’s office and they must have filed it in the trash can. I waited months for a reponce and nothing, So I filed a complaint with the state Attorney General and recieved a letter telling me sorry about my son but they could not do anything about the case it is a comflict of intrest I needed to file local. I didnt know someone from the state Attorney Generals office is running for our local DA, and that was why it was a comflict of intrest. Another one to turn his back on a problem sorry he dont get my vote.
Starcraft 2 Protoss are a humanoid race that communicates through telepathy as they have no mouths and sustain themselves through a form of photosynthesis.
Professional Writers, Try a requirement to cause Sensationalism.
Yes some storys are hard to keep up with as you read.