Paralegals & Legal Secretaries

Paralegal at the Center of a Request for Special Prosecutor

By ParalegalGateway.com

LAS CRUCES ? A request for a special prosecutor has been filed in the dog-fighting case against two El Paso men.

Twin brothers Daron and Duryea Scott are facing 23 and 30 felony counts, respectively, for their alleged role in a dog-fighting operation with ties to Doña Ana County.

The Scotts' attorney, Michael Cain of Las Cruces, filed the motion because one of his former employees is now employed with the Doña Ana County District Attorney's office.

According to the filing, the employee, a paralegal, was present when the case was discussed in Cain's office. That presents an "absolute ethical conflict" by the district attorney's office, Cain said Wednesday.

Prosecutor Susan Riedel said she would file a response to Cain's motion by June 20.

"We'll be looking into the legal issue of whether or not we can use what is called a Chinese Wall," she said.

A Chinese Wall is a legal term in which the employee would be partitioned away from being involved in anything involving Cain's office that is before the district attorney's office.

Riedel said a Chinese Wall is commonly used, particularly in small communities. She said it's been implemented before, never with any problems.

Cain's motion is one of a series he recently filed asking for evidence he said is being improperly withheld from him and his clients.

State District Judge Doug Driggers was to hear arguments on the motions Wednesday but Riedel asked for the hearing to be continued. She did not want to discuss any motions until the special prosecutor issue was resolved.

The Scotts, 49, are alleged to have kept dozens of pit bulls in properties in Chaparral. Authorities said the dogs showed evidence of dog fighting in addition to being malnourished and having inadequate shelter.

The Scotts deny the allegations and have pleaded not guilty to all the charges. They say they are legitimate dog breeders and have won awards for their show dogs.

The Scotts were in court Wednesday and remain free on bond.

Full post as published by ParalegalGateway Blawg on May 30, 2008 (boomark / email).