LAS VEGAS (KTNV) — A suspended Las Vegas Metropolitan Police Department sergeant is now arguing charges against him for abuse of police powers should be dismissed.
That's according to a court filing just obtained by Channel 13.
Sgt. Kevin Menon currently faces charges in two separate criminal cases:
- The first pertains to allegations he used his power as a law enforcement officer to set up bogus arrests on the Strip.
- The second case relates to possession of child sex abuse material, which Metro detectives said they found on four of Menon's devices.
In the motion we reviewed on Wednesday, Dominic Gentile — Menon's defense attorney — argues prosecutors failed to provide the grand jury with evidence Menon acted "unlawfully and maliciously," and states the testimony jurors did hear could have biased them to the point that the case should be dismissed.
C-24-386532-1 - Petition for Writ of Habeas Corpus - PWHC CRM by aroberts.news on Scribd
About a dozen Metro officers testified to the grand jury in October, including Officer Erik Sanchez. Gentile argues Sanchez's testimony proves Menon couldn't have acted "unlawfully and maliciously" based on the following exchange:
QUESTION: And did you take any actions after this incident took place with regards to
your position on CC18 flex?
ANSWER: I did. I put a request to go to a day shift squad away from that squad.
QUESTION: Why did you put in that request?
ANSWER: I didn’t want to be involved in any issues that could come out of this type
of operations that he believed were right.
QUESTION: When you say that he believed were right, do you mean Sergeant Menon?
ANSWER: Correct.
"Clearly, if someone believes his actions were 'right' or 'righteous' it is the opposite of 'malice' or 'malicious' as defined in the instructions," the motion states.
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Gentile also argues the grand jury process wasn't fair because only law enforcement officers were asked to testify.
"It is noteworthy that not a single alleged 'victim' of Sgt. Menon’s behavior testified before the grand jury," the motion states.
He argues that could have biased the jury.
"Since time immemorial potential jurors have been recognized to have a high potential for bias in favor of law enforcement witnesses' testimony," he states. "Cases are myriad that have recognized the necessity for ferreting out and dealing with this problem and its adverse impact upon fairness in decision making."
Gentile even cites a recent Nevada Supreme Court decision in the case of Nathan Chasing Horse.
Chasing Horse is the accused cult leader whose sex abuse case was dismissed by the Supreme Court back in September, with justices finding the grand jury wasn't presented with enough evidence to make an informed decision when they handed down their indictment.
Menon is next scheduled to appear in court on Wednesday, Dec. 4.
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