Washoe County District Court JudgeBarry Breslow has ordered a jury to remain anonymous in a kidnapping case. That means those in the courtroom, including the news media, cannot identify jurors. His reasoning: The defendants and their supporters have a potential “capacity to harm jurors.”
Stuart Handte, a former Mineral County Sheriff, and Roger Hillygus both face felony charges after Hillygus removed his mother from an Alzheimer’s care facility in 2019. Hillygus did not have guardianship, but he alleged she was being mistreated and neglected by the care facility.
“Defendant Handte had tried to use his influence as a former law enforcement officer to convince [Reno Police Department] command staff to make the nursing home release Mrs. Hillygus,” Washoe County Deputy District Attorney Amos Stege alleged in a recent court filing.
Stege said Hillygus fabricated legal documents that he claimed gave him the authority to take his mom from the facility. Both defendants deny wrongdoing and say they are being unfairly prosecuted on several fronts. Hillygus is defending himself in the case.
“Numerous emails sent by individuals associated with the Defendants to hundreds of recipients, ranging from elected public officials to private citizens, have potentially increased interest in this case,” Breslow wrote. “This Court is in receipt of numerous emails sent personally by Defendant Handte and by individuals associated with defendants in this matter.
“These emails have been sent to over 150 different people on three separate occasions, ranging from elected public officials to private citizens and news outlets,” he added. “Emails have been sent to individuals in government capacities under the guise of ‘Formal Notices’ directed toward those presiding over and arguing this matter.”
Handte, in particular, sent an email to Washoe County officials and the news media saying, “I will do your jobs for you and them [sic] come after you all with every ounce of energy and tenacity that I have to use the legal system to take the five of you down as well. This is no longer a demand, commissioners..it [sic] is a forthright warning.”
Breslow said similar emails with “extreme rhetoric” targeted those working on the case.
“Numerous other communications and actions committed by Defendant Handte, such as threats made inside of a gun store, FBI intimidation tactics and comments made to Nevada public officials, are all concerning to the Court,” Breslow said.”The Court found great concern with Defendant Handte’s behavior while he was released, and although these actions were not crimes in and of themselves, they were nonetheless disturbing to the Court.”
An anonymous jury is uncommon. In addition to keeping juror identities secret, Breslow is also barring wireless devices in his courtroom.
“There shall be no attempt made to intimidate or harass a witness or juror,” he added.
The case is scheduled for trial later this month, not in Feb. as originally reported.
