No grand jury report of murder defendants
July 18, 2002
The grand jury report will not be released to 10 murder defendants being tried in a 1998 beating death, a Carson City judge said Wednesday.
District Judge Michael Griffin denied a defense motion to release the grand jury report filed July 2 saying the grand jury was convened for a particular purpose which didn’t include an investigation of the Carson City Sheriff’s Department.
Defense attorney Allison Joffee, with attorneys Fred Atcheson and Tod Young, argued in the motion that the grand jury report might reveal a “conspiracy exists with members of the Carson City Sheriff’s Department and their lack of follow through with certain lawful citizens.”
Joffee said defendant Rocky Boice Jr. claimed he was forced to take matters into his own hands because police ignored complaints he’d made.
Boice, Julian Contreras, Lew Dutchy, Clint Malone, Frederick Fred, Jessica Evans, Jaron Malone, Elvin Fred, Sylvia Fred and Michael Kizer, Alejandro Avila and David Moyle are accused beating to death Sammy Resendiz at the Roundhouse Motel on Aug. 23, 1998.
Griffin said the grand jury file itself was sealed and Judge Mark Gibbons had entered an order that the report not be released. He went on to say the matters dealt with in the grand jury were of a case involving Ron Weddell and didn’t explore any other matters.
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Weddell says several Carson City officials thwarted a 1997 citizen’s arrest and prosecution of two men he believes kidnapped his daughter in an attempt to extort drug money.
He circulated a petition in 2000, gathering enough signatures to convene the special grand jury that was seated to look into the specific allegations in the petition.
Also Wednesday Frederick Fred, set to go to trial Monday with Boice, Malone and Dutchy, had his case severed from his co-defendants because evidence clearing him may point the finger at them.
Fred’s attorney Fred Atcheson contends statements made by others involved clears his client.
“Julian Contreras can testify that somebody else wanted to fight and he’ll tell you who it is and it’s not my client. It hurts the other clients,” Atcheson argued.
District Judge Michael Griffin agreed, saying there was no way around playing the audio taped statements without violating the rights of Boice, Dutchy and Malone.
Jury selection begins Monday.