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JANE ANN MORRISON: Judge wrong to discourage jurors from talking in aftermath of Gage trial

U.S. District Judge Justin Quackenbush apparently doesn't want the public to know how the federal jury split when it couldn't agree on the guilt or innocence of Las Vegas attorney Noel Gage.

Quackenbush advised jurors not to talk to the news media, and they followed what appeared to be his order.

Of course, once home and free to chatter, they probably told a lot of people what happened in that jury room. In many ways, this is still a small town. Things get out, directly or indirectly.

That's how I picked up that the split was 8-4 in favor of convicting Gage on conspiracy and fraud.


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  • Now that's good news ... for Gage. It's not like it was one lone holdout, the sort of split that encourages idle speculation about jury-tampering, speculation that I heard but didn't believe as the deliberations stretched out over six days.

    I invite any juror who wants to talk, now that the trial is over, to call me at the number listed at the end of this column, and if I'm not in, to leave a message. Or e-mail me.

    I want to know who they found believable and who they didn't in this complex conspiracy-fraud case.

    The prosecution alleged that Gage belonged to a team of lawyers and doctors who worked hand in hand to run up insurance settlement costs for personal injury cases. The specific allegation against Gage is that he backed off suing two doctors under the protection of medical consultant Howard Awand in exchange for client referrals.

    After Awand referred Carlos Pachas to him, Gage backed off suing Drs. John Thalgott and Mark Kabins. Was it a deal or a smart legal maneuver to squeeze money from the anesthesiologist Gage did sue? Did this cheat Gage's client Melodie Simon out of millions? Apparently some jurors couldn't agree.

    Did they not believe Thalgott and Dr. Ben Venger? The latter said he lied in depositions and at trial because Awand told him to, and it prevented him from being sued by "Awand's boys."

    This is a case with strong public interest, so I asked for the basis of Quackenbush's courtroom comment that his rule and the 9th U.S. Circuit Court of Appeals rule is to discourage jurors from talking about deliberations.

    Through a spokesperson, the judge said his instruction was intended for attorneys, prohibiting them from contacting jurors without prior permission from the court. He said he did not seek to prohibit the media from contacting jurors, but he did discourage jurors from discussing the case publicly because of possible influence on a future retrial.

    When a federal judge suggests jurors not talk to the media, they tend to believe they need to do what he says. Attorneys aren't going to violate a direct order.

    A prior Quackenbush case proves my point.

    In 1998, Quackenbush advised jurors not to talk when Las Vegas brothers Ed and Fred Doumani were acquitted in a complex bankruptcy fraud case. That time, he said in open court: "I have a strong feeling that what goes on in that jury room should stay in that jury room."

    It left jurors with the impression they had been ordered not to talk with reporters. One juror said he feared he would get into trouble if he discussed the case. "We were instructed not to," he said.

    Quackenbush insisted he hadn't ordered them to be silent. "That's a decision for them to make," he said then.

    Usually after a trial, the instruction given by federal judges in Las Vegas is that jurors may talk to the news media, but they don't have to. There's no ban on attorneys talking to willing jurors.

    A post-trial gag order, even one that is merely disingenuously suggested by Quackenbush, is wrong.

    I'm told that Quackenbush told Gage's defense attorney, Tom Pitaro, and Chief Assistant U.S. Attorney Steve Myhre what the breakdown was, but didn't want Pitaro to tell Gage because he was afraid Gage would use it in his aggressive television advertising campaign. If that's the judge's true concern, he should deal directly with that.

    But the jurors should be free to speak to attorneys and the news media, and Quackenbush shouldn't play word games and mind games with jurors to discourage them from their First Amendment rights.

    Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.

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    Tired of Idiots wrote on March 20, 2008 04:45 PM: Cynical Observer is a fool ... the mayor is loaded and isn't going to be bribed by Desai. Desai is going down and regardless of what happens criminally to him, he will be hit so hard in civil court he won't recover!


    Cynical Observer wrote on March 20, 2008 02:34 PM: Disgusted wrote on March 20, 2008 08:34 AM: "What was the need for Thalgott and Venger to make deals with the feds if nothing went on?

    Everyone should read the old articles on the web regarding the Doumani case.
    Was Harry Reid's buddy Jay Brown a defendant in that case?"

    Hey, isn't that the same Jay Brown who is the attorney for Dr. Desai & partners in opposing the permanent revocation of their business licence to run their Shadow Lane endoscopy clinic? See Mr. Brown's photo on today's LVRJ website.

    I guess Dr. Desai is pulling out all the stops to hire well connected people to protect his empire. I wonder if Desai will figure out a way to put money in Oscar Goodman's pocket to shut him up?


    nostradomus wrote on March 20, 2008 12:34 PM: There is a reason that people in Las Vegas pays nearly the highest insurance premiums in the country. You have a very corrupt legal system. Only the citizens can fix this, not your politicians. It's nice to think that you can make big, fat insurance companies pay because they can afford it. In fact, they can because they are spending *YOUR* money...There are things that lawyers do openly in Las Vegas that would get them disbarred in most places. This case isn't the tip of the iceberg, it's just one tiny ice crystal.


    Disgusted wrote on March 20, 2008 08:34 AM: What was the need for Thalgott and Venger to make deals with the feds if nothing went on?

    Everyone should read the old articles on the web regarding the Doumani case.
    Was Harry Reid's buddy Jay Brown a defendant in that case?

    Could the jury instructions have had something to do with the outcome? I hear they were quite confusing.


    bida wrote on March 20, 2008 07:01 AM: I certainly don't think he did it out of keeping information from the public but rather that leaking every minute detail makes it just that harder to find a clean jury for a retrial.

    From my own personal experience this was not a first and only time for any of these guys. I have known about Awand's dealings for many, many years as a result of doing transcription work relating to automobile insurance cases as well as Thalgott and Kabins from what used to be the old SIIS.

    In the first instance, there were always numerous alien-related scams with numerous people being in the same car that all had chiropractice injuries that were traced back to the same attorney and doctors. With Thalgott and Kabins, it was as if they were assigned to review an injury it was never that bad or somehow it related back to a preexisting condition. It just seemed such an injustice in both of these areas.

    For these reasons I would not question Judge Quackenbush's decision or remarks. I hope they quickly try this case again to obtain a guilty verdict. The public needs all the protection it can get from both the medical community and attorneys.
    :)