CLARK COUNTY
OFFICE OF THE DISTRICT ATTORNEY

Administration Division

STEVEN B. WOLFSON
District Attomcy

 

 

200 Lewis Avenue 0 Las Vegas, NV 89101 0 702-671-2500 0 Fax: 702-455-2294 0 TDD: 702-385-7486

MARY-ANNE MILLER CHRISTOPHER l.Al.l.l ROBERT DASKAS JEFFREY J. J. DUFFY
'ounty 'ounse/ .4.ssistant District Attorney Assistant District Attorney Director amin Support Director DA. Juvenile

 

October 7, 2016

Sent via E-Mail

Ryan Gabrielson

Staff Reporter - ProPublica

155 Avenue of the Americas, Thirteenth Floor
New York, NY 10013

Dear Mr. Gabrielson:

We are in receipt of your recent correspondence wherein you allege that a member of this
Of?ce and members of the Clark County Judiciary engaged in misconduct. You also
challenge the reliability of the ?eld test currently being used to test substances for the
presence of heroin.

There was no ethical violation by any member of the judiciary or the Of?ce of the
District Attorney during the Las Vegas Justice Court Judges Meeting that occurred on
July 8, 2015, resulting from ex parte communications. Contrary to your assertion.
members of the defense bar were present at the meeting. These members included Ozzie
Fumo, Tom Pitaro and Lance Hendron, President of Nevada Attorneys for Criminal
Justice. NACJ is an organization of criminal defense attorneys located throughout
Nevada. Furthermore, the Ethics Opinion from the Kentucky Bar Association, a
jurisdiction other than Nevada, is obviously not controlling in this State. The Opinion
itself warns that it is merely ?advisory? and the facts giving rise to that Opinion are
signi?cantly different than the facts that occurred at the Las Vegas Justice Court Judges
Meeting.

The chemical ?eld test for heroin is suf?ciently reliable for the purpose it is being
utilized in Clark County. Moreover, similar technology is used by other police
departments in numerous jurisdictions throughout the United States, including: the Pima
County Sheriffs Of?ce (Arizona). the San Diego County Sherriffs Of?ce (California),
the Grass Valley Police Department (California), the Kaufman County Sheriffs Of?ce
(Texas), the Louisville Police Department (Kentucky), the Naperville Police Department
(Illinois), the Salinas Police Department (California), the Escalon Police Department
(California), the Doraville Police Department (Georgia), the San Mateo County Sheriffs

Ryan Gabrielson Page 2
October 7, 2016

Of?ce (California). the Ventura County Sheriffs Of?ce (California). In addition. similar
technology is authorized for use in the States of Wisconsin and Virginia.

We look forward to your well-balanced story regarding the issues discussed herein.
Very truly yours.

CHRISTOP J. 
Assistant District Attorney