Woman questions role of Vernon County Prosecutor

Thursday, February 1, 2007

By Steve Moyer

Nevada Daily Mail

Bringing up concerns about how her daughter's case was handled, Lisa Whitaker asked the county commissioners during the public hearing on the county's budget about a grant, then went on to question the prosecutor's methods.

Whitaker questioned a $14,000 grant that turned out to be from the 2006 budget but that was just the tip of the iceberg of her complaints about the conduct of the prosecutor.

Whitaker said she believes her daughter was sexually abused more than two years ago, when she was 12, and the case finally came up for trial in August 2006. Whitaker said she was unhappy with the treatment the prosecutor's office gave to her and her family.

"We weren't able to give a victim's statement or anything," Whitaker said. "We called the prosecutor's office two days before the trial and asked when it was and the secretary said she didn't know, she was new. The day before the trial we called and she said 'I don't know when it will be.' Then the day it was scheduled we called and she said, 'Oh, that's already gone before the judge.' We didn't get a chance to have a voice."

Ewing said that at the time the victim's advocate was new and he had sent Whitaker a letter of apology for any offense.

"I said I'm the prosecutor and I'm ultimately responsible for the actions of my office," Ewing said.

Whitaker also said the family didn't want the prosecutor to accept a plea agreement with the defendant, but he did anyway. Whitaker said the prosecutor made no effort to meet with them, they had to take the initiative.

"He made no contact with us whatsoever," Whitaker said. "We made contact just before the preliminary hearing. My daughter went over and said, 'You're going to represent me, you should know what I look like.'"

"We told him several times we didn't want a plea agreement," Whitaker said.

Ewing said he remembered the case and the victim's advocate had talked to the family the day before the defendant, Jim Whitaker, appeared before the judge and pled guilty before going to trial.

"We told her what we were going to do the next day and she was happy with it," Ewing said.

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