Court motion says cop might have planted child porn

A former Nye County public defender filed a scathing motion in District Court Friday, accusing a controversial detective of possibly planting evidence in a pending child pornography case.

Lawyer Tom Gibson filed the 27-page document on behalf of James Earl Marshall, brother of Nye County Assistant Sheriff Rick Marshall, a candidate to replace Sheriff Tony DeMeo in November.

James Marshall was arrested March 28, 2012 following sheriff’s Det. David Boruchowitz discovered from the Internet Crimes Against Children Taskforce that youngster porn had allegedly been downloaded to an IP address subsequently linked to James Marshall’s Net service account.

Boruchowitz has appeared as a central character in a quantity of higher-profile news stories more than the final couple of years, such as being the target of a 2013 Nevada Division of Public Safety Investigation Division probe into allegations he coerced Antionette Bell, a client of Gibson’s, into filing a false complaint against Gibson’s wife, Louise, who is employed by the Nye County School District.

Gibson filed a complaint on behalf of Bell and his wife that led to the state investigation being opened.

A nevertheless-secret internal affairs report on the matter is amongst material Gibson says he believes will show Boruchowitz to be an untrustworthy witness for the state in the James Marshall case. In fact, confidential sources have told the Pahrump Valley Occasions that the coercion claims created against the detective have been later proved unfounded, but that throughout the course of final year’s investigation it was discovered that the detective had allegedly mishandled proof in a criminal case involving Bell, which includes sex tapes starring Bell and her mother.

Boruchowitz created headlines once again in April when he reportedly orchestrated the arrests of Rick Marshall and Ben Gully, a longtime volunteer at the sheriff’s office. Both guys had been caught on video removing signs paid for by political action committee Citizens to Elect an Ethical Nye County Sheriff. The PAC organized a campaign to maintain Rick Marshall from becoming sheriff, acquiring and putting signs throughout the county with the words “Anybody But Rick” prominently displayed on them.

Boruchowitz has produced no secret of his participation in the PAC, even obtaining caught in May passing out “Anybody But Rick” campaign literature when he was supposed to be out on stress leave in the aftermath of Rick Marshall’s arrest.

Gibson posits in his motion that the detective, in an all-out campaign to destroy Rick Marshall’s ability to get elected, “manipulated or manufactured evidence” that identified its way onto James Marshall’s home pc and then arrested him for it.

Gibson writes in his motion that he plans to introduce a defense arguing as a lot at trial next year.

In the meantime, the attorney is searching for to compel “disclosure and production of exculpatory evidence” against the detective. This is frequently termed a “Brady demand.”

Gibson’s motion asks for the secret internal affairs report — another detective, Harry Williams, was ensnared in the state’s investigation, was allegedly caught lying to investigators to safeguard Boruchowitz and was recently placed on paid administrative leave as a outcome, sources tell the PVT — the detective’s original job application, worker compensation records related to the detective’s “stress leave,” and other personnel records.

Gibson cites a handful of instances in which it is alleged the detective purposely lied or misconstrued details even though testifying in criminal cases. For example, the motion cites a 2012 case, State v. Thoene, in which the detective told jurors the defendant had produced guilty admissions below questioning. When a tape of the detective’s interrogation was played to the jury, no admissions had been evident. The defendant was acquitted of all charges.

Gibson also cited State v. Argabright, a case that ended in an acquittal for a defendant significantly less than two weeks ago.

“Boruchowitz was true to type and testified that during telephonic interviews with the defendant ‘His (Argabright’s) demeanor was passive and non-responsive in the course of interviews, by no means admitting nor denying guilt.’ The recorded interviews showed a diverse story. It showed that Argabright Jr. said ‘I did not do it’, on many occasions for the duration of the interview,” the motion states.

Argabright attempted suicide although the trial was ongoing. He was also acquitted on all charges. His attorney told the PVT the detective’s testimony almost certainly harmed the prosecution’s case.

“The details speak for themselves. Detective Boruchowitz is a man of deplorable ethics and character. He has shown himself to be a liar and has no troubles with manipulating and mishandling proof,” Gibson wrote in his motion.

He also wrote about approaching District Lawyer Brian Kunzi in March looking for the same Brady material — this was when Gibson was still a public defender he lost his county contract final month. Kunzi supplied Gibson with the detective’s original job application but refused to divulge the internal affairs report.

“After a lengthy discussion Mr. Kunzi indicated Counsel would require to file a Motion to Compel Discovery and the District Court Judge would make the determination whether or not the IA report ought to be released to Defendant. The present Motion was filed as a result,” Gibson’s motion states.

The lawyer noted that the material he sought was currently offered to lawyers representing former District Lawyer Bob Beckett, who had Boruchowitz arrested in 2010. The detective sued the county and the former DA in federal court for violating his civil rights. That case is pending.

Gibson noted that as the lawyer for Bell, due to the fact Bell was deposed in the Beckett case in federal court, he was privy to the material he is now looking for. A protective order in that case, however, prevents him from disclosing what he discovered.

Las Vegas attorney Warren Geller requested similar internal records about the detective on behalf of a client named Ronald Berglund earlier this year. Berglund was set to go to trial last month on sex-associated offenses. Boruchowitz was the lead detective in that case as nicely. A prosecutor told the PVT that Berglund was presented an advantageous plea deal at the last minute and the case was settled ahead of trial.

Kunzi stated Monday that he is conscious of Gibson’s motion and plans to file an opposition inside the subsequent 10 days. He confirmed that he reviewed the info Gibson is seeking and determined it was not “Brady” material. As noted by Gibson in his motion, nonetheless, “it is not up to the prosecutor, to make the determination if a matter ought to be disclosed.”

“We are responding. Eventually the Court will decide if there is any details contained in Det. Boruchowitz’s personnel records that could be employed to impeach him,” Kunzi wrote in an e-mail response to queries. “I reviewed the records and determined there was no such evidence in the personnel records. Mr. Gibson is misinformed if he believes, as he asserts in his motion, that I had an obligation to submit the files to the Court for a evaluation. I met with Mr. Gibson and informed him I did not think there was any details that was necessary to be produced.”

Kunzi also mentioned he informed Gibson that he was the incorrect particular person to raise such problems considering that it was he who brought the complaint against the detective that led to the internal affairs investigation in the first location.

“I also informed him I had a dilemma with this situation in that Mr. Gibson is the incorrect particular person to raise these concerns. The report Mr. Gibson is attempting to obtain issues an investigation initiated by Mr. Gibson in which Mr. Gibson is a witness. Mr. Gibson can not raise these issues without producing himself a witness in the case. He can not act as counsel and be a witness,” Kunzi mentioned. “It appears Mr. Gibson has chosen to turn into a witness and will undoubtedly be stepping down as defense counsel considering that he has brought this action.”

Boruchowitz told the PVT Tuesday that he had seen the motion and was prepared to make a lengthy rebuttal. Nonetheless, on the tips of his union attorney, he says he will withhold comment.

“I am conscious of the filing. I have read it and a majority of it is baseless and bold-faced lies. On the guidance of my counsel, I will allow this to play out in court and withhold additional comment,” the detective mentioned.

Gibson stated he will let his motion speak for itself, declining additional comment when reached Tuesday.

No Comments

Leave comment

Your email address will not be published. Required fields are marked *

(Spamcheck Enabled)