Judge denies Telles’ requested hearing over jury statements on murder trial
A Las Vegas judge has denied Robert Telles’ request for an additional court hearing over statements jury members made after finding him guilty of murdering Las Vegas Review-Journal investigative reporter Jeff German.
Telles, the former Clark County Public Administrator, was found guilty of first-degree murder for killing German in September 2022 over articles the journalist had written about Telles’ conduct as an elected official. His defense attorney, Robert Draskovich, requested an evidentiary hearing last month to clarify statements jurors made to local media.
District Judge Michele Leavitt did not elaborate on her reasoning for denying Telles’ request during a court hearing Wednesday morning. Prosecutors argued that state law prevents jurors from being questioned about their “mental process” during deliberations.
Draskovich has said the request for an evidentiary hearing is not to “point fingers” at the court or the jury, but to clarify the court’s record following the jurors statements to the media.
He has argued in court documents that jurors may have had outside knowledge of the case, because of a statement a juror made to the Review-Journal referencing Telles’ claim he went for a walk the day German was killed, during a 100-degree day. Draskovich argued that the day’s temperature was not part of evidence, although Chief Deputy District Attorney Pamela Weckerly said Wednesday that jurors are allowed to use their “common sense” in deliberations, and that high temperatures are common in September in Las Vegas.
Telles’ attorney also said he wanted to clarify the record about communication between the jurors and the judge. Three jurors who spoke to the Review-Journal after the trial described the deliberations and recalled sending a note to the judge to ask for direction, and being told to continue deliberating.
Leavitt confirmed Wednesday that the jury notes were entered into evidence.
“Both sides reviewed those notes and there was not a response given to the jury,” Leavitt said, adding that jurors are told to continue deliberating after sending notes to the court, until given further notice.
Following the hearing, Draskovich said he had no reason to doubt the judge’s recollection of the notes. He said the jury had informed the court that 11 of the 12 jurors had reached a decision.
“It did not say we’re hopelessly deadlocked, those are the key words that would trigger an Allen instruction,” Draskovich said.
If a jury cannot reach a decision in the case, a judge can instruct them to continue deliberations regardless, in what is known as an Allen charge.
Draskvoich said Wednesday that Telles still intends to appeal the case after a sentencing hearing later this month, but that he has not been retained for those proceedings.
After finding Telles guilty, the jury sentenced him to life in prison with the possibility of parole after 20 years for the first-degree murder charge. But he was also found guilty of two enhancements — murder with a deadly weapon and murder against a victim 60 or older.
He is set to appear for a sentencing hearing on Oct. 16, when the judge will sentence Telles for the enhancements.
Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.
