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Public defenders seek delay in ax attack
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LAS VEGAS REVIEW-JOURNAL
Updated: Feb. 18, 2010 | 3:32 a.m.
Harold E. Montague hung his head, his face marked with a fading bruise under his left eye.
Before he could answer any questions from the judge, his lawyers interrupted. They wanted to determine whether he was mentally capable.
Montague, the 33-year-old man accused of killing a 4-month-old boy and injuring two women, one critically, with a medieval-style battle ax, made his first court appearance Tuesday morning.
When Justice of the Peace Melanie Tobiasson attempted to ask whether Montague understood the charges against him, his two public defenders asked Tobiasson to delay any proceedings.
The attorneys want more time to talk to Montague to determine whether he understands what's going on and whether he needs a professional evaluation of his mental state.
Public Defender Norm Reed also asked for the extra time because he thinks prosecutors might seek the death penalty.
A second hearing was set for March 3.
Montague is charged with one count of murder, two counts of attempted murder and an additional count of attempted murder on a police officer.
Afterward, Clark County District Attorney David Roger said no decision about capital punishment has been made.
Roger said there is at least one aggravating circumstance -- that the victim of the slaying was under 14 years old -- which means the case automatically would be sent to the death penalty committee for review. He added the committee won't review the case until after a preliminary hearing or a grand jury indictment.
Las Vegas police allege that Montague, who was supposed to be caring for his mentally and physically disabled sister-in-law, Monica O'Dazier, stabbed her Thursday in their home at 1609 San Pedro Ave., near Sahara Avenue and Maryland Parkway.
Police allege that Montague then went outside and attacked the boy and a woman thought to be the boy's mother with the ax. The boy, Damian Avila Castro, died. The woman, Sandra Castro, was taken to Sunrise Hospital and Medical Center in critical condition.
O'Dazier, who was stabbed more than 20 times, was listed in good condition Tuesday at University Medical Center, a spokeswoman said.
Police said that before Montague was taken into custody, he threatened to kill an officer and unsuccessfully grabbed an officer's shotgun. Police subdued him by using a Taser.
Reed said Montague was severely injured, and he had cuts and bruises on his arms and legs. "He got the hell beat out of him," Reed said.
Reed said Montague was in much worse condition when he first arrived in jail.
According to media reports, Montague's wife has said publicly her husband suffers from mental illness.
Montague is being held at the Clark County Detention Center without bail.
Contact Review-Journal writer Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.
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There are laws here in Nevada concerning the possession of archaic weapons. But if the weapon never leaves the owner's closet, those laws can't be enforced.
TO JOE: Exactly who is this 400 lb Public Defender you make mention of? You can say nasty things yet you cannot mention her name? Joe, is it common practice for you to hang out at the courthouse?
TO RJC WATCHDOG: Norm Reed is one of the finest attorneys I know. The incident that landed him in prison, let's just say there is so very much more to the story, and leave it at that. Also, Norm was disbarred. Mr. Reed had to take this to the Supreme Court (more than once) to attempt to get his license back. It was a long, grueling process that him and his family went thru. Norm's debt has been paid and paid very well. Mr. Watchdog, do you walk on water? After all these posts you write, it appears that you think you do walk on water.
YOU GO MY PUBLIC DEFENDER'S & PHIL KOHN - YOU ARE AN AWESOME OFFICE!!
The Clark County Public Defender Office was much better when it was run by Marcus Cooper. He was a consummate professional. The last time I was in court, a 400 lb. woman walked in wearing flip flops who had not met with any of the arrested individuals she was appointed to. She was the public defender. The choices these morons make in hiring really makes you wonder what goes on there.
Valuable information for the public defenders. Stick with the defense he had a bad childhood, he did not have hot lunches, his parents ignored him, somebody sexually abused him or he has mental illness. That should work until the prosecutors show the mangled body of the innocent child. Also, don't forget to add he was assaulted by the cops when he was arrested.
This is the ACLU and the Public Defenders at their best.
The Metro Officers used too little force to effect the arrest.