Murder defendants probe "conspiracy" theory

Ten murder defendants want to investigate a "conspiracy" they believe may be described in a report submitted by a Carson City grand jury last year.

A motion filed in Carson City District Court asks the court to produce the grand jury report related to Ron Weddell's allegations against the Carson City Sheriff's Department and District Attorney's Office.

"This motion is based upon the fact that counsel have reason to believe they may be able to show a conspiracy exists with members of the Carson City Sheriff's Department and their lack of follow-through with certain lawful citizens," attorney Allison Joffee wrote in the motion she signed on behalf of herself and attorneys Fred Atcheson and Laurence Digesti. "This grand jury report is necessary to show this law enforcement pattern."

The attorneys represent 10 people accused in the 1998 beating death of Sammy Resendiz. A trial of four of the defendants is scheduled to begin July 22.

The grand jury was seated in March 2001 after Weddell, a prominent Nevada businessman and Carson City resident, was arrested after shooting at a man he claims was trying to run down an employee in his construction yard and kidnapped his daughter, Kelli.

The attorneys contend the grand jury report will show there was evidence Weddell was ignored by law authorities when he complained to police about alleged incidents involving two brothers Weddell named as suspects in his case.

Because of their lack of action, Weddell was forced to take matters into his own hands in the form of a citizen's arrest, Joffee argued.

"In this case, the Boice family has made complaints to law enforcement that have been unanswered. Now, Rocky Boice stands accused of protecting his family," she said in the motion.

Boice and the nine others -- Clint Malone, Jaron Malone, Fred Fred, Lew Dutchy, Julian Contreras, Elvin Fred, Jessica Evans, Sylvia Fred and Michael Kizer -- are accused in the Aug. 23, 1998, beating death of Resendiz at the Round House Motel.

Boice, Malone, Fred and Dutchy are scheduled for a trial July 22.

The grand jury's report, submitted more than a year ago, has not been made public. A transcript from a March hearing shows Judge Mark Gibbons expunged the report, saying it was defective, but left open the possibility of an appeal.