Bob Beckett
By MATT WARD
PVT
Nye County’s judicial system is the “laughingstock of the known universe.”
That’s what Pahrump criminal defense attorney Harry Kuehn says.
The 30-year veteran lawyer, with stints at seven district attorneys’ offices in Nevada to his credit, is saying that a lot lately.
He and fellow public defenders at local law firm Gibson and Kuehn are looking forward to Brian Kunzi taking over the Nye County District Attorney’s Office. They say the D.A.-elect has his work cut out for him. Kunzi says he’s a bit nervous about what he’ll find when he takes office.
One artifact he is sure to uncover very quickly — he already knows about it — is an internal policy written in October 2009 by disgraced former D.A. Bob Beckett. The memo spells out a policy that forces deputy prosecutors to alert him or his chief deputy district attorney in charge of criminal cases, Kirk Vitto, before they negotiate even the most mundane plea bargains.
The Pahrump Valley Times was handed the internal memo by a confidential courthouse source. It details what Nye County prosecutors should do in cases of DUIs, domestic batteries, drug cases, property crimes, crimes against the person, sex offenses, cases involving habitual offenders and “negotiations of criminal offenses generally.” The policy memorandum is both broad — it deals with felonies and gross misdemeanors — and specific to the point of threatening.
“Any exception from this policy is to be rare and only with specific authorization from Kirk or myself. Any deviation without authorization will result in the (plea) agreement being returned from the District Court level. You will also set yourself up for disciplinary measures that include suspension and termination,” the document states.
Asked to explain how the policy originated, Vitto declined to comment.
“I don’t comment. I’m not going to comment, especially in light of the new administration,” he said.
The memo raises a number of questions and concerns about what prompted it, how it was enforced and what possible negative effects it had on the dispensation of justice in Nye County.
According to the memo, the only acceptable course of action at prosecutors’ disposal to deal with the broad array of criminal charges outlined is to get suspects to “plead straight up” or get defendants to accept the minimum sentences recommended by law. Any other plea deal would require authorization — ostensibly from a district attorney who was already facing his own legal troubles due to a bizarre DUI arrest in California. Doubly ironic, Beckett would face far more lenient terms when his own criminal case involving obstruction of a public official went before a judge several weeks ago.
Kuehn and other defense attorneys say the memo is unprecedented.
The only leniency outlined in the October 2009 directive is aimed at first-time offenders: “Look for a way to give him/her a break or opportunity.” One of these breaks is spelled out this way: “Enlist in the United States Military.” Another says, “be creative.”
Public defenders are being creative with the verbal barbs they are directing at those responsible for the memo.
“The last 16 years have been the worst run D.A.’s office I’ve seen in my 30 years as a lawyer,” Kuehn said. “For the most part, there has been almost a complete communication breakdown between our office and the D.A.’s.”
One of the underlying problems was Beckett’s lack of signing off on ANY negotiations. He just wasn’t present.
“We could never get Beckett to make a decision. This is true on major felonies, sex cases,” Kuehn said. “Offers were unrealistic. We couldn’t get the D.A. to negotiate reasonably.
“My personal belief is that they got tough on negotiating in the hopes of saving Bob’s job.”
Jason Earnest, also a public defender and lawyer for Gibson and Kuehn, which handles about 85 percent of the defense work for Nye County’s public defender office, didn’t mince words when told of the memo.
“Every D.A.’s office has policies … I think it’s disingenuous. I’m calling bullshit on it.
“As it is right now, it is out of control,” he says.
One of the problems that can occur when district attorneys decide to take tough negotiating stances is that public defenders will decide to take more cases to trial. This can prove costly to an already over-burdened justice system.
Nye County’s justice system is undoubtedly overburdened.
District Court Judge Robert Lane says his calendar for trial is booked for the next 12 months.
“We’re booked up until December of next year,” he said. “I don’t know why we are this backlogged. It is unusual. I don’t understand why.”
Told about the memo, the judge, a former Nye County prosecutor himself, said he was not aware of it.
“I assume that Brian Kunzi will make a whole new policy,” he said. “The one thing I’m looking forward to is Brian Kunzi coming on board. I think there will be some positive changes taking place in the district attorney’s office.”
Clark County District Attorney David Roger and former Nye County District Attorney Arthur Wehrmeister were asked their impressions of the memo when it was described to them.
“When I was D.A. in Nye County, I did have a policy … for very serious cases,” Wehrmeister said. “It (the memo) is a bit too broad for a county as big as Nye County.”
Roger said he doesn’t believe the policy would be effective.
“In Clark County, we filed 66,000 cases last year. A policy like that would not be feasible,” he said. “In a medium-sized county, it’s probably not feasible.”
Kunzi said he’s been alerted to the policy outlined in the memo. He won’t be enforcing it. He says it was never enforced as intended, anyway, which actually fits with a broader, more disconcerting pattern in the Nye County D.A.’s office.
“I think the problem is that none (of that office’s policies) have been followed,” he said.
Kunzi says he will take a more common sense approach to the office’s operations and case management.
“I have a very common sense approach. Cases that can be settled need to be settled quickly,” he said.
Major cases will be dealt with on a case by case basis, he added.
Kunzi will start as D.A. on Nov. 22, though earlier there was some discussion that budget issues would force county commissioners to keep the seat vacant until January.
With an outraged public defense bar — both Kuehn and Earnest said their concerns do not involve the deputy district attorneys with whom they closely work, only top managers — and a public anxious to get over the seedy Beckett affair, Kunzi has some major issues to deal with immediately.
“To me there’s been a problem. I just see that there’s an issue with people not stepping forward and taking responsibility for what’s going on in the office,” he said. “It’s not that they’re (deputy district attorneys) not doing their jobs. It’s that no one is willing to take any responsibility.
“Another two months of that and it scares me what I might walk into.”
Just more proof of the good old boys running things in Nye County! I think the people of Nye are fed up with this type of stuff and are not gonna take it any more!
Brian Kunzi will have his work cut out for him. I hope he does bring common sense and more importantly JUSTICE back into the DA’s office. The role of the prosecuting DA is to seek justice and not to always get a conviction. It appears that the hierarchy of the DA’s office has forgotten that standard from the American Bar Association and the National District Attorneys Association.
When an individual has been detained in the Pahrump jail for OVER two years without a TRIAL – that does not demonstrate justice. Mr. Kunzi, please clean house.
Living in Pahrump — many times, I’ve read what you’ve written and thought “I disagree with these points.” On this one, however, we agree completely. Very well put. I voted for Mr. Kunzi and he does need to clean house. Nice letter.
To Green Tambourine – I also voted for Mr. Kunzi, and I hope he makes a difference in the “justice” system in Nye County. It is out of control, there is little to no justice in Nye County. Perhaps if you knew who I was you would understand some of my points/views/comments. Thank you for your kind note.
I wonder, Does this mean there may be a change in how the Nye County railroad is run?
Looking back too much is not productive. I wish the PV times and the people in general would lay off the “kick Beckett in the stomach” campaign and just look forward to make things better. I am sure I will be bashed on by many for saying this. Also, kinda funny that the public defender’s office acts like they are such angels, pointing the finger. Let’s work together and move on, finger pointing does no good whatsoever.
Remember that those who forget the past are destined to repeat it.
Key words being “too much.” The problems of the DA’s office have been reported enough. The PV times doing an article about something that Beckett ordered his assistants to do back in October 2009 is just an example of printing stuff that the people will read. Point is, we have looked back, move forward, leave Beckett and his family alone. As I hinted in my first post, maybe the people pointing the finger right now should be focused on instead.
“kicking Beckett in the stomach” is not the agenda here. ANYONE driving a county(company) car during a DUI and also wrecking a personal vehicle 6hrs after..plus 2 other offenses and then not having to be sentenced as per guidelines of the law is unacceptable.. the first time in any other state would have been the last. This behavior could have justified all his cases to be brought back to court due to incompetentcy. THEN, saying his last 20 grand (from stepping down early)will pay the restitution is unheard of.that is taxpayer money.. restitution should come out of his own pocket and not be included in wages he would have made in office. a strict inventory and accountability of funds need to be done immediately. I cannot believe this township and their opinions to this effect show that we all need to look at FACTS and ACCOUNTING and get back on track. NO ONE acts on their own, everyone needs someone to be held accountable. First if you are not educated in the field , please leave it to people that are that can explain all accounting to the PEOPLE they represent. NO MORE taking things into individuals hands as every time it is played out badly. Infrastructure of Pahrump needs to be carefully reconstructed and a plan with all of us needs to be implemented. Please, lets all get together and seriously resolve all the loose ends and move toward commitment and integrity of this town .Thank you!
We are moving on but what I ask is to what? We simply have not been holding people accountable that should be held accountable. We are too easy and have a nation wide reputation as being an easy mark.Like the man said, the DA’s office was the worst run office for the past 16 years he has seen in his 30 years of legal experience.Certainly, I’m tired of the Beckett saga but I am more tired of the miscarriage of justice and people in charge looking the other way and saying let’s move on.
Harry Kuehn, Tom Gibson. What a pair. Ever wonder why Kuehn has worked for 7 or more Law offices, be it DA or whatever? I wonder if he may be lazy or just not a good lawyer. Make a deal and no court so public defender money is made easy. I think maybe he doesnt have to work very hard to get his blood money.
Get better bob wish you well!!! and remember morons when you point your finger at someone there are 3 fingers pointing back!
Ask Harold Kuehn how many jobs he has been fired from–& that includes district attorney jobs. Isn’t this the guy who screams and curses out appointed public defender clients & tells them to go hire real attorneys? Nye Co. pays 660k to him & 2 other losers for this “great service.” Even the State Bar of Nevada knows this is Kuehn’s modus operandi–try interviewing them about this horse’s ____.
To Joe – you obviously have seen Mr. Kuehn in the courtroom – rather shocking behavior from a supposedly educated professional person, wouldn’t you say? I think he has some anger management issues……….
Who doesnt in this town? Smoke some pot!!! DEMEO DO U DELIVER?
As usual crazy Harry has twisted the facts to make himself look good. Beckett had to issue the memo, because his DA’s were better defense attorneys than Keune and Ernest. This was because Beckett was worthless, off on a bender instead of doing his job. Cases, both major and minor, were being dropped because the DA’s never got around to filing the charges, and one who ran in the primaries has killed half the rain forrest himself printing denial letters so he didn’t have to do any work. Harry is absolutely right that our DA’s office is a joke, but it lies on Becketts failure to supervise. And, if Harry wants to look in the mirror, most of the cases are so old because the defense repeatedly has cases continued for extreme lengths of time. Good luck Kunzi.
PVT’s reported Becketts blood alcohol as .119 wht a joke folks:) Read the DMV manule the legal limit is .10 so how drunk was he? Oh, he was in a goverment car? So he was yrs ago also…Why not take his cars then? I believe he isnt the only person taking our tax payers cars home,now is he? Police officers tell the truth? I’ll get photos next time im out:)Becketts gone leave him alone and stop messing up his life worse than he’s doing himself:)Besides did anyone see the PVHS on the local news? The football team r losing but the band,cheerleaders,dance squad,looked so good and made Becketts money u claim he stole all worth anything else i’ve see look so good in this town:):)Go PVHS football team pick it up,junior high is undefeated:):):) Good-luck Beckett i think drug testing on u’re own would shut them all up:) but thats my idea…
We have Laws that say you have a right to a fair and speedy trial. 2 years in Jail will destroy a man and his family, His home will be destroyed as well. We have a major problem in America with locking people up, People get old and sick, There locked up and who pays for the keep? Where does this guy go when he is released? If Ever? The people we are talking about is the town people, Not the upper crust. You know how they are treated. People revert back to animalism after they get the job, No rules are remembered.
Good that Beckett is gone. What a horrible person he is.
Hopefully some common sense coming to that office now.
Beckett should have got the maximum on all his dui’s.
Ron Kent is no better I see that has been left out. He wrecked a county car while drunk, did he ever pay for it good luck on finding the answer to that. You could locate his county car outside a bar. He lied and a group of you bought it, that was his ex wife whom he beat and claimed to morn her passing he had no contact with for a very long time as her husband can sware to. The list could go on but no point Pahrump found the light and followed it, congrats.
Quote : “One of the problems that can occur when district attorneys decide to take tough negotiating stances is that public defenders will decide to take more cases to trial. This can prove costly to an already over-burdened justice system.”
Most of these incidents should be settled on the spot without an arrest. For crying out loud, it’s getting to be where we can’t belch in public without being arrested. The penny-annie “crimes” should be dealt with other than a trial. We’re going to run ourselves into the poor house by overly stringent policies.
I certainly hope the victim’s families will get better results now instead of waiting years for a murder trail. Or being told the cold blooded mureder would be given 5 years including time served. I don’t know about any one else but if someone kills my family member in cold blood I would be more than a little upset. It is time for justice!!!!
Whts wrong with u PVT’s that u wont let me tell the truth? Do u need faxs showing im telling the truth? Or r u under control of SHERIFF DEMEO? I have freedom of speech but u wont let me speak,WHY? My 4th amendment rights and more have been violated and PVT’s wont let me tell the truth, WHY? I can involve u in my complaints later in my cases,so keep taking my rights away!!! NYE county radio,mind u’re own business!!! Broken porches r all u see? Try telling the truth NYE radio,u could help with our METH problems!!!OH just put on the blinders and it will all go away:)Fat chance……………..
Lisa get a life go get yourself some help you are very sick I think your barking up the wrong trees you better look in the mirror….
Who r u? Some METH dealer? Should i tell more names over the PVT’s? I need help u lame dumb butt!!! Get over the meth pipe and mayb u could see its u that needs help!!! Im drug free,happy and cant wait 2 control buy/sell 2 u:) Whats wrong do i know 2 much of u’re business? U get a life loser…Hate the truth? Wait till i find out who u back stabbers r:):):) They come out in the findings of all reports:)Going 2 court the 9th so merry christmas:)
BRIAN DODSON? WENDY STANFILL? TERRY MCCABE? JANELLE CHANDLING??? I NEED HELP:)