In 2003 Henderson murder case, judge delays decision due to conflict of interest | Courts

A judge declined Wednesday to rule on whether the Clark County public defender's office has a conflict of interest in the case of a man accused of a 2003 murder.

“I can imagine that this will have far-reaching consequences,” Clark County District Judge Mary Kay Holthus said during the morning court hearing.

Proceedings in the case of 47-year-old Ricky Lee Trader were adjourned because his legal counsel, the Public Defender's Office, filed an emergency motion arguing that there was no conflict of interest in the case.

“I've been doing this for 35 years and I've never seen the public defender's office file a case or ask to keep it in the process,” Holthus said. “This is really a turnaround from what I'm used to from your office.”

The motion was filed after Justice of the Peace David Gibson agreed with the State of Nevada's argument that the office's prior representation of a key witness created a conflict of interest in court on August 6.

“For me, there is nothing wrong with playing it safe,” Holthus said, adding that she would prefer not to overturn the lower court's decision.

However, it decided to postpone the decision because the State had not had an opportunity to file a written statement in response to the defense's motion.

“I want to read it,” said Holthus.

Trader is accused of killing 28-year-old Theresa Romano, whose body was discovered in a Henderson home in the 200 block of Gold Street in 2003. He is now charged with murder after new DNA testing linked him to the crime scene, according to Henderson police.

A few days after Roman's body was discovered, a woman named Sherry Wright told investigators that Trader showed up on her porch and said disturbing things, such as, “There was blood everywhere and she wouldn't shut up,” referring to an unidentified woman.

Court records show Wright is a key witness in the state's case against Trader, but she has been represented by the public defender's office twice before, once in 2011 and once in 2019.

Holthus told the court from personal experience that as a prosecutor she had previously argued that representation “long ago” may have no impact on a current case.

However, she said that in her more than 30 years of professional experience, she has also “never seen the public defender's office file a case or ask to pursue a case.”

“I don't want to get into the heart of the dispute if we don't discuss it today,” said Anna Clark, a public defender representing Trader. “What both parties want is guidance.”

Assistant District Attorney Eckley Keach, representing the state of Nevada, said the state “has an obligation to uphold the law and is acting consistent with that goal.”

Holthus said she would retry the case at a hearing scheduled for Sept. 4. On Tuesday, Clark told Justice Court that the public defender's office would appeal the case to the Nevada Supreme Court if the district court finds a conflict of interest exists.

Contact Estelle Atkinson at [email protected].