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Jan. 23, 2008
Copyright © Las Vegas Review-Journal

'Heavy Hitter' swings, misses

Attorney doesn't show for client's murder trial

By DAVID KIHARA
REVIEW-JOURNAL

Attorney Glen Lerner was out of state "on sabbatical" and didn't care if he was punished, a county prosecutor says.
Review-Journal file photo



Mario Lino
41-year-old is accused of April 2007 killing of a man he suspected of having affair with his wife

Attorney Glen Lerner, the self-described "Heavy Hitter," took a hit himself Tuesday when a district judge took him to task for missing the first day of his client's murder trial.

Judge Michelle Leavitt also was angry because Lerner, a personal injury lawyer, told the district attorney's office he wasn't going to appear in court to defend his client, because he was out of state "on sabbatical" and didn't care if the judge punished him, a county prosecutor said.

In a message left on county prosecutor Roy Nelson's voice mail over the weekend, Lerner says he won't be returning to Las Vegas from Pennsylvania, and "if the judge wants to sanction me, she can sanction me," according to the recording.

Nelson, who is prosecuting the murder case, said he forwarded a copy of the recording to Leavitt's office on Tuesday.

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    • Lerner was scheduled Tuesday afternoon to defend 41-year-old Mario Lino, who is accused of the April 2007 killing of a man suspected of having an affair with his wife. Lerner said he took the criminal case at no cost to his client because Lino works on his swimming pool.

    Leavitt said she was shocked that an attorney wouldn't appear in court to defend a client.

    "I've never had anything like this happen before. Defense counsel just thinking they don't have to show up for a murder trial? It doesn't get more serious than a murder trial," said a clearly frustrated Leavitt, adding she was upset that Lerner wasted the time of more than 50 potential jurors who went to the courthouse on Tuesday for jury selection.

    Leavitt said she had considered bringing contempt charges against Lerner and would report his behavior to the state bar.

    Leavitt also took the murder case away from Lerner and re-assigned it to the public defender's office.

    "It doesn't appear that he cares if he gets sanctioned or not. But most people care about their freedom. And that's something I can take from him," Leavitt said, adding that she wanted to hear from Lerner why he didn't show up in court.

    Lerner is widely known for his colorful commercials and catchy jingles. In one, he spins like the cartoon Tasmanian Devil. In another, he boasts that insurance companies sent him more than $25 million in settlements.

    Lino appeared in court with another attorney from Lerner's office, Daniel Ingrassia, who was called at the last minute. Ingrassia told the judge he has no criminal experience and wouldn't be trying the case.

    Lino faces a life sentence. He told Leavitt that no one from Lerner's office had contacted him even after he had family members call the attorney's office.

    "He (Lerner) hasn't made any effort to work with me," Lino said.

    Reached in Pennsylvania, Lerner said he didn't attend the trial because he was out of state and wasn't prepared to go to trial. He said he called the district attorney's office last week to work out a deal for Lino, and when that failed he told the prosecutor that he wanted the trial delayed while he prepared for the case.

    "I'd rather be sanctioned than railroad my guy into accepting 25 years in prison," Lerner said.

    He characterized the problem as a breakdown in communication and said he would apologize to Leavitt.

    Lerner said he's been on sabbatical for several months in Pennsylvania and expects to return to Las Vegas in March or possibly May. He said he has been writing a book and re-examining his life.

    "I've been living the life of a rock star for so long," he said.

    Lerner said he comes back to Las Vegas every few weeks to take care of his practice.

    He conceded it appeared unprofessional to not be present for a trial, but he stressed that he was acting in his client's best interest and had informed Nelson that he was seeking a delay in the trial.

    During a telephone conversation with a reporter, Lerner repeated several times, "There was nothing I could do."

    "The judge is probably fuming. But what could I do?" he said.

    During the hearing in District Court, Leavitt had an answer: "You get on a plane and you fly back."

    Contact reporter David Kihara at dkihara@reviewjournal.com or (702) 380-1039.

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    anthoni wrote on March 18, 2008 04:36 PM: i believe in lerner and his comments, if he needs time for the case well let him have time....he is a personal injury atty....and he is giving a pro bono case for this guy ,, u go prepare for a murder trial and tell me how stressed out u r...go lerner and the redsox !


    Jeff wrote on March 14, 2008 01:53 PM: Crashed corvette,Your looking for me.Iam Mark Habebermans friend.


    ChineseFood wrote on February 21, 2008 01:57 PM: I personaly believe HRH Sir Lerner is an android sent from the future to impregnate our dairy cows and force our women to play checkers... I wish we had 100 more like him. That would solve our fastfood and/or immigration problems... uhhhmmmm...


    You Know Me Lerner wrote on February 18, 2008 12:22 PM: Glen Lerner is the worst lawyer that ever walked the face of the earth. I hear that he is so cranked up on steriods most of the time that he can't hold a thought longer then a second. He ruined my mothers life during her lawsuit and insulted me for questioning his ethics. I hope Judge Leavitt does everything to have him stripped of his licnse, and up in jail. He treats his employees horribly and only hires women who mimick his trophy wife. LOOSER GLEN...karma will get you everytime.


    crashed corvette wrote on February 12, 2008 11:42 PM: Looking for mark's friend, Jeff. Are you still there?


    Lawyer to be wrote on February 11, 2008 07:34 PM: People pointed me to this article as I attempted to defend the legal profession as not being a bunch of sleeze balls. Hopefully the Nevada bar thinks enough of itself to disbar Mr. Lerner. As a future attorney I don't want people like him giving the profession a bad name.


    David wrote on February 07, 2008 09:18 PM: Glen Lerner is like all the other scavenger/ambulance chancing, money hungry lawyers in LV. They have not a clue about being a lawyer. Throw him and Lerner and Lino in jail together.

    Have some pride please in your profession please!


    bw wrote on February 06, 2008 08:46 PM: Back in the day...there use to be an old saying from the Judge I knew for a ass hole like Lerner guy....that saying would be from Judge to Lerner....when you show up....be sure to bring a tooth brush.............


    Rob wrote on February 06, 2008 08:56 AM: Glen Lerner is a small imitation of a man; his entire practice is based upon settling out of court, negotiating, and he had no business accepting a case where real legal knowledge may be needed. That is why he didn't show- negotiations broke down and legal expertise was required. Of which, he has none. He did Mr Lino an incredible favor. Please at the least sanction him- may we hope for disbarment? And AJ the hired shill should save his comments for his next commercial. Did Jeff vote for Bill Clinton's smile in that election as well? Who is the "cutest" candidate, moron?


    Da Heavy Hitter wrote on February 05, 2008 12:12 PM: You people writing these bad things about me are just jealous. I party with rock stars. I lift weights. I go clubbin. I vacation with the rich and famous. Once and a while I do some lawyering. You wish you could be me.


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