The Nevada Appeal reports District Judge James Wilson sided with minimum wage hike supporters to gradually raise Nevada’s minimum wage to $13

A Carson City judge says a proposed ballot measure to gradually raise Nevada’s minimum wage to $13 can move forward.

The Nevada Appeal reports District Judge James Wilson sided with minimum wage hike supporters on Wednesday and ruled the petition language doesn’t need to be changed. Opponents included Las Vegas and Reno-Sparks chambers of commerce, who sought to disqualify the petition on technical points.

Opposition lawyers said they’re not sure whether they’ll appeal. Nevada’s minimum wage is $8.25 an hour, or $7.25 if an employer offers health insurance.

The measure would create a single, $9.25 an hour rate in late 2018, then increase it by 75 cents each year until it reaches $13 in 2024. Backers must gather more than 55,000 signatures to put the proposal on November’s ballot.

The owners of Carson City Harley-Davidson dealership are being sued for more than $4 million by Harley-Davidson Credit Corp, according to court documents.

Carson City lawsuitsThe owners of Carson City Harley-Davidson dealership are being sued for more than $4 million by Harley-Davidson Credit Corp, according to court documents.

The suit filed on Nov. 17 in Carson District Court charges Roberta and Jose Richard Tapia sold hundreds of thousands of dollars worth of motorcycles and accessories without paying back the loans used to buy the bikes.

Under a trust agreement with the Harley-Davidson Credit Corp. (HDCC), the Carson dealership received loans to buy vehicles, accessories and other salable products. Those loans are then paid back with part of the money paid when the bike or accessory is purchased by a customer.

The Tapias purchased the bikes and other products using loans from Harley-Davidson Credit Corp. through their corporate name Gato Malo. But the lawsuit charges when bikes and other things were sold, they kept the money instead of paying off the loans.

“Gato Malo is indebted to HDCC in the sum of $4,030,029.88,” the court documents state.

According to the complaint, that includes $726,677 in cash that should have been paid on loans.

A declaration by Mark LaMendola, operations manager for HDCC, states “Gato Malo has already caused over $200,000 of inventory to be sold out of trust since October 8, 2015.”

District Carson City lawsuits signed a temporary restraining order on Friday, Nov. 13, to stop any further sales transactions unless all the proceeds go to HDCC. And he did that without notice to the Tapias after being told “Any meaningful notice of this motion to Defendants will give the Defendants an opportunity to continue to dispose of HDCC’s secured collateral without remitting payment.”

In addition, the suit says auditors were unable to verify the status of motorcycles worth another $637,282.

It charges the Tapias started keeping the cash instead of paying back the loans as early as February 2009.

A hearing will be held on Dec. 2 in front of Wilson.

Calls to Tapia and the dealership on Research Way near College Parkway and the freeway bypass have not been returned since last week. Multiple phone calls on Tuesday to the dealership end with a busy signal.

The dealership originally shut down a couple of weeks ago citing, according to its Facebook page, slow business on Nov. 13. It was supposed to open up again last Tuesday. When visited by the Appeal last week and this week, there was a cryptic sign on the door stating: “Due to a systemwide outage, we are currently closed. We will be extending the contest another week.”

Kim Okezie named Carson Shitty “juvenile master”

Kim Okezie named Carson City juvenile master

Kim Okezie named Carson City juvenile master.

District judges Todd Russell and James Wilson have named Kim Okezie as the First Judicial District’s juvenile master.

She replaces Kristin Luis who left the post to become Carson City Assistant District Attorney for Jason Woodbury. Okezie is currently a deputy attorney general acting as legal counsel to the Public Employees Retirement System.
Prior to that, she was a Carson City deputy district attorney and served as Russell’s law clerk when she was first out of law school. Okezie also worked in two different private law firms and was a substitute teacher in the Washoe County School District.

Russell said she has a strong interest in juvenile issues and expressed an interest in the master’s post several years ago when Luis was named.nevada is a police state

The juvenile master sits as a judge on a wide variety of juvenile cases and makes recommendations to the two district judges on how to handle those matters.

Russell said Okezie was selected from a list of 25 candidates who applied for the position. Russell said there were a number of highly-qualified applicants to choose from. The finalists were reviewed by a panel of five including Russell and Wilson.

She takes over the post, which pays $110,000 a year, Jan. 30.

Will Mr. Adam Laxalt who is running for Nevada Attorney General look the other way with regard to that Attorney General’s Office having a practice and a policy of withholding evidence from Plaintiff’s in cases?

adam_laxaltWill Mr. Adam Laxalt  who is running for Nevada Attorney General look the other way with regard to that Attorney General’s Office having a practice and a policy of withholding evidence from Plaintiff’s in cases?
We know that Secretary of State Ross Miller who is running for the same position does when he along with the Nevada Governor Brian Sandoval, and  Nevada Attorney General Catherine Cortez Masto were presented with evidence by Ms. Tonja Brown during the December 5, 2011 and May 17, 2012 Board of Prison Commissioners meetings.
Ms. Brown provided the Commissioners with this information along with her documents that supported her testimony before them.  Ms. Brown asked of them to call for an outside investigation into the Attorney General’s Office.   Her testimony and documents were then stricken and removed from the record.
Brown claims that they did not place on the record her documents until after she had filed suit in July 2013 and to this day not all of the documents have seen the light of day, nor have they done as she had requested of them during the December 5, 2011 and May 17, 2012 Board of Prison Commissioners meeting.

Tonja Brown informs Gov. Brian Sandoval and NAG Catherine Cortez Masto of 1st Amendment Rights violations and lawsuit

Tonja Brown informs Gov. Brian Sandoval and NAG Catherine Cortez Masto of 1st Amendment Rights violations and lawsuit

Ms. Brown filed suit against the Board of Prison Commissioners, NDOC, and DAG William Geddes and DAG Kara Krause in July 2013 for a Breach of Settlement Agreement she had made with the State in the wrongful death suit of her brother, Nolan Klein.
Brown claims that they did not place her documents on the record until after she filed suit and served them and as of this date not all of the documents have seen the light of day, nor have they done as she had requested of them and that they had her documents blocked from anyone accessing them.

judge tatro

She claims they have breached the terms of the Settlement Agreement she made with them.  A trial date has been set for April 6 & 8, 2015 in the First Judicial District Court, Department 2 Judge James Wilson.

A brief summary of this case.
Nolan Klein passed away 5 years ago on September 20, 2009 from lack of medical care by the Nevada Department of Corrections.

Just prior to Mr. Klein’s death the evidence was found hiding in the Washoe County District Attorney files that would have exonerated him from the 1988 Payless Shoe Store crime.

In October 2011 Ms. Brown hired a private investigator to locate the prime suspect, Mr. Zarsky.   The Sparks Police theory was they believed Mr. Zarsky had committed the crime Nolan Klein was convicted of.   In November Ms. Brown drove to another state and had the opportunity to listen to what Mr. Zarsky had to say.

Mr. Zarsky admitted he had knowledge of the Payless Shoe Store crime and the 3 other crimes the SPD believed he had committed. The victims from the 3 other crimes had cleared Mr. Klein and all was hidden by the Washoe County District Attorney’s office.

 In two of the cases the May 9, 1988 Payless Shoe Store robbery for which Mr. Klein was convicted of and the April 21,1988 armed robbery and attempted rape that the victim had cleared Mr. Klein of and hidden this fact from the defense and jury.  The victims in these cases two separate cases had described the knife as being red and black again, all hidden from the defense by Mr. Rachow and covered up by the Washoe County District Attorney’s Office.
In 2009 just prior to Mr. Klein’s death Judge Brent Adams ordered District Attorney Richard Gammick to turn over the DNA test results and the entire file in Mr. Klein’s case.    Located in the files were the handwritten notes from ADA Ronald Rachow defying a 1988 court order to turn over all of the evidence. The Washoe County District Attorney’s office knew about what Mr. Rachow had done and kept quite.
In Mr. Klein’s file were over 200 documents hidden from the defense mostly exculpatory evidence.  During the January 17 – 23 1989 trial  Mr. Rachow presented only 20 exhibits, mostly, photographs of the Payless Shoe Store crime scene.

In 2010 Ms. Brown filed suit against the NDOC in the wrongful death of Nolan Klein.  During the discovery process Ms. Brown discovered that the Attorney General’s office had withheld evidence in one of Nolan’s federal civil cases against the NDOC.  Ms. Brown claims that ultimately this new development with regard to this evidence had a profound adverse effect on Mr. Klein’s  2007 Parole Board hearing and 2008 Compassionate Release Pardon.

 As a part of the Settlement Agreement  Ms. Brown made with the State she could exonerate their names.  When she went to do this at the December 5, 2011 and May 17, 2012 Board of Prison Commissioners they claimed the documents were deemed confidential and would not be placed on the record.  Ms. Brown demanded that they call for an investigation into the Attorney General’s Office for withholding evidence, file a complaint with the State Bar of Nevada against Mr. Geddes for withholding evidence in Mr. Klein’s federal case, and write a letter of apology to her.   They have refused to do so.

Brown then filed suit Tonja Brown v NDOC, Governor Brian Sandoval, Attorney General Katherine Cortez Masto, Secretary of State Ross Miller, DAG William Geddes, DAG Kara Krause in Carson City, NV for Breach of Settlement Agreement. Trial is set for next April 2015.

Brown states that because of their refusal to as she has requested of them she has been prevented from seeking a Posthumous Pardon for Mr. Nolan Klein because the documents that were disseminated by the NDOC to the 2007 Parole Board and 2008 Pardons Board still  contain the  information pertaining to Mr. Klein and Ms. Brown.
Some of this false information was a direct result of a June 5, 2007 computer glitch that “FLIPPED” when the NOTIS software program was installed at the NDOC, thereby,  placing false felony charges in inmates files making it appear as though they have committed new crimes.
This information was then submitted to the 2007 Parole Board at which time Mr. Klein was appearing before them.  Mr. Klein then was denied his parole to the street in February 2008 and his previous granted paroles were revoked and he was placed back onto his first life sentence.
The following year, Mr. Klein appeared before the Nevada Pardons Board on a Compassionate Release Pardon because he was dying.  The Nevada Pardons Board consisted of the Nevada Supreme Court Justices, Attorney General Katherine Cortez Masto, and Governor James Gibbons. The Pardons Board were given a copy of the interview of Washoe County District Attorney Richard Gammick publicly admitting that he opened up Mr. Klein’s DNA and tested it. Mr. Klein’s attorney’s demanded to know where the test results were.
 The Nevada Pardons denied Mr. Klein a Compassionate Pardon and Mr. Klein died on September 20,2009.  At the time of Mr. Klein’s death his attorney’s were about to file their Motions for New Trial based on Newly Discovered evidence, and bail.  Mr. Klein’s criminal case was still pending on Appeal in the 9th Circuit.  Once Mr. Klein died everything became Moot!
Ms  Brown said “although Nolan is gone he is not forgotten.”   “The day he is given a Posthumous Pardon and Washoe County is held responsible for their actions will be the day I will let this go”
” the truth will be told in the upcoming release of her book “To Prove His Innocence  A Sister’s Love”

Nevada Supreme Court Chief Justice Mark Gibbons serving as a juror in Carson City

Nevada justice reflects on serving as juror

CARSON CITY — For Nevada Supreme Court Chief Justice Mark Gibbons, the waiting was the hardest part of serving as a juror in a capital city criminal case.

His many years of serving as a Clark County district judge and then as a member of the Supreme Court gave him a pretty good idea of what was going on in the courtroom while jurors cooled their heels in a waiting room, but that didn’t make it any easier.

But Gibbons, who along with his other jurors reached verdicts quickly in the case involving a man who brandished a gun at an Olive Garden restaurant on July 21, 2013, said he will never forget his opportunity to see the process from a completely different perspective.

“It’s a great experience,” he said. “It’s very different.”

Gibbons might be the first ever Supreme Court justice to serve on a jury. A court search found no evidence of a member of the court ever serving on a jury, although some justices have received notices to appear.

Gibbons had to wait like all the other jurors when they were told to report at 9 a.m. Thursday. Jurors did not actually enter the courtroom for another two hours.

“Everybody was wondering what’s taking so long,” he said.

Judge James E. Wilson Jr. Carson City corruption

Judge James E. Wilson Jr. Carson City corruption

Gibbons said he figured the delay was due to either the defendant, Douglas County resident David Paul Lane, entering a guilty plea or the defense opting against presenting a defense, which then required the attorneys and corrupt  District Judge James Wilson (known for back dating court filings) to settle on the jury instructions. The second option turned out to be the right one.

Lane’s public defenders did not present a defense. Lane did not testify.

“But I couldn’t share my thoughts with the jurors at all,” Gibbons said. “I kept that to myself when they were concerned about the delay.”

In his court questionnaire, Gibbons said his only comment was to work on managing court time to minimize delays for jurors.

“I did tell Judge Wilson that I agreed with every single one of his rulings on objections during the trial,” he said.

Gibbons said he would have pre-empted anyone with formal legal training from serving on the jury if he was defending Lane.

“They are totally qualified, but I think it is better to have 12 people who don’t have any previous bias in those areas,” he said.

It was tough at times remembering that he was a juror, Gibbons said.

“At one point in the trial, the judge sustained an objection and the witness kept speaking and I started to (reach out) and say ‘stop’ and I said ‘Wait, I’m on the jury, I can’t do that’ and I pulled my hand back. It was just a natural reaction.”

Not surprisingly, Gibbons was made foreman of the jury, but he told his fellow jurors that he would not comment until everyone else had a chance to offer their thoughts on the case.

Ultimately the jury found Lane guilty of one charge of assault with a deadly weapon along with the single count of carrying a concealed weapon. He was found not guilty on two other assault charges, and the jury deadlocked on the fourth assault count.

Gibbons showed up for the jury selection on Monday, doing his civic duty like everyone else. But he was shocked when, later that day, he was seated as a juror.

Gibbons said he will donate his meager jury duty pay back to the state.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801.