Douglas County District Court Judge Thomas Gregory this week denied a motion to disqualify the Second Judicial District Court from the trial in the case of former Washoe County sheriff’s sergeant Dennis Carry, who faces seven felony charges.
Carry is accused of bigamy, burglary, forgery, surreptitious intrusion of privacy, giving false evidence, and perjury. He pleaded not guilty to all charges in April. His attorney, Thomas Viloria, sought to have both a Washoe County judge removed from the case as well as the venue.
Gregory, from the Ninth Judicial District Court, denied the motion by Carry to change where the court hearings will be held. The case will remain in Washoe County.
“Defendant is charged, in part, with having burglarized the Family Division of the Second Judicial District Court … and having forged a divorce decree purportedly issued by the Family Division of the Second Judicial Court,” he wrote. “Defendant presents no evidence upon which the Court could conclude ‘the posture or setting of his trial [is] inherently prejudicial.’”
An Oct. 31 hearing was held to determine whether Carry can subpoena Washoe County Sheriff’s Office and Reno Police Department records, including emails by those involved with the case and their plan to arrest Carry. The District Attorney’s Office, Reno Police Department and Washoe County Sheriff’s Office filed motions to quash the subpoenas, claiming they were overly broad and burdensome.
Viloria argued his subpoenas were broad because RPD and WCSO have not been forthcoming with evidence against Carry. He said he was unaware of what was in the records sought, which is why he was requesting them.
Chief Deputy District Attorney Luke Prengaman called the subpoenas a “fishing expedition.” Gregory agreed and denied most of Carry’s subpoena requests, saying they were “unreasonable and oppressive.”
One subpoena was for an arrest-operations plan by RPD that Prengaman agreed to provide to Viloria with redactions.
A month-long jury trial is scheduled for January, but attorneys recently announced a possible settlement. Gregory scheduled a settlement hearing for December.
Carry was in court today wearing a mask. His attorney said he was COVID-19 positive. Gregory told people in the courtroom they could leave if they wanted to.
