Public access denied, interrogations allowed in suspected horse killers' hearing.

VIRGINIA CITY - The public was denied access Friday in the case of three men accused in the Dec. 27, 1998, killing of a wild horse in Storey County.

Judge Michael Griffin said testimony about the interrogations of Anthony Merlino, 21, and former Marines Darien Brock, 21, and Scott Brendle, 22, could taint the potential jury pool, necessitating the trial's move to a different jurisdiction.

The hearing addressed motions to suppress the evidence as a violation of Miranda rights.

Reno attorney Phil Bartlett, representing the Reno Gazette-Journal, Associated Press and Nevada Appeal, argued that U.S. Supreme Court case law permits access if it doesn't interfere with a fair trial.

In his ruling, Griffin said a Storey County case needs special attention because of the small population. "Out of 700 to 800 registered voters, this case drew 130 potential jurors." Griffin said that number has been whittled to 76.

During his 20-year tenure on the bench, Griffin said he has only denied media access three times.

Most of the motions at Friday's hearing, the last courtroom appearance before the start of jury selection at 1:30 p.m. Monday, were denied. However, a portion of Merlino's interrogation after he invoked his right to an attorney will not be allowed at the trial. Defense attorneys were attempting to disallow interviews that implicate the trio in the killing.

"This is one type of information that may make it impossible for me to seat a jury in Storey County," Griffin said, justifying the courtroom closure. "I'm aware of the strong opinions about wild horses in Storey County."

Griffin said there have already been indications that pretrial publicity has infected the community.

"None of the jurors who have called to excuse themselves have asked what the case is about."

Bartlett expressed dismay about the decision and said he would recommend that his clients appeal the decision to the Nevada Supreme Court, even though the hearing has passed.

"I'm disappointed because neither the district attorney nor any of the defense attorneys objected to the hearing being open," he said. "We believe any criminal proceeding should be held in public. The judge just feels Storey County is a very unique jurisdiction."

The decision against suppressing investigator interrogation keeps the case alive for Deputy District Attorney Sharon Claassen, who admits that physical evidence implicating the trio is scant.

"I'm just really pleased and comfortable with the fact that the investigators crossed the t's and dotted the i's," she said. Claassen said she cannot hazard a guess as to whether jury selection will be successful and or if the case will be moved.

The three defendants were originally charged with killing 27 wild horses. Griffin threw out all but one case following a hearing March 8.

He cited a lack of evidence connecting the defendants to the crime.

If convicted, the trio could be sentenced to one year in jail and a $5,000 fine plus restitution to the state.

The decision drew a much negative mail - almost 200 letters - to Griffin's office in Carson City. Claassen said she also received boxes of mail.