Defense wants doctor's criminal record

A Carson City emergency room physician who is in the Douglas County Jail on charges he allegedly kidnapped his ex-wife has become embroiled in a murder case where 10 Native Americans are accused in a 1998 beating death.

An attorney for Rocky Boice Jr., who is scheduled for trial Monday in the murder of Sammy Resendiz, has subpoenaed the Douglas County sheriff for the criminal records of Dr. Richard Conte.

Conte was the Carson-Tahoe Hospital emergency room physician who treated the mortally wounded Resendiz four years ago.

Conte is being held in the Douglas County Jail on $1 million bail accused of kidnapping his ex-wife at gunpoint from her Salt Lake City home in June and holding her hostage in his Clear Creek Road home.

District Attorney Noel Waters filed a motion to quash the subpoena, saying instead of seeking a court order as the law demands, defense attorney Day Williams "has again attempted to coerce service through a subpoena."

Judge Michael Griffin will hear arguments Thursday.

Resendiz and Carlos Lainez were attacked in a room at a Carson Street motel following a party there where a Native American woman, Jessica Evans, was reportedly insulted and struck. Waters contends Evans gathered several relatives and friends to return to the motel room, where the party had ended, leaving only Resendiz, Lainez and Carolee Simpson.

Boice, Julian Contreras, Clint Malone, Elvin Fred, Frederick Fred, Sylvia Fred, Lew Dutchy, Jaron Malone, Michael Kizer and Evans are accused in the assault and murder.

On Monday, Griffin denied a defense motion to dismiss charges.