The Movable Buffet: Dispatches from Las Vegas by Richard Abowitz

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Vegas Lawyer's Breathalyzer Causes Mistrial

01:01 PM PT, Sep 13 2006

Las Vegas justice continues to embarrass. Last month during a kidnapping and criminal assault trial, a Las Vegas defense lawyer, Joe Caramagno, caused a mistrial by appearing in court messed up. Someone has posted the video of the hilarious hearing. At first, Caramagno claims he has been in a car accident and though in pain he refuses medical attention. In fact, he wants the trial to go forward. "I am willing to play hurt," he says. The judge notes that she thinks this might cause some problems in his ability to defend his client against serious charges. "It's not fair if you are not a 100%," she says.

The attorney replies: "I may have suffered a concussion your honor." Yet he still wants to go forward. The judge orders everyone to chambers.

When they return, another video shows that the new subject discussed is if Caramagno is in fact intoxicated. Apparently, the judge feels the lawyer has told a series of fibs while in chambers and wants Caramagno to take a breathalyzer test right there in the court.

"I don't see the probable cause to blow," slurs the attorney.

The judge stands firm and the lawyer offers the bailiff a half-hearted breath that the judge deems insufficient to register a result. However, even that little breath proved adequate. As the bailiff  approaches the judge with the result of the breathalyser you can see uniformed officers surrounding the defense attorney table as Caramagno pathetically offer that it maybe be a little residual from last night.

"For the record your blood alcohol .075," the judge says.

Amazingly, Caramagno still wants the trial to go forward. "I just know that I can try this case," he says.

Caramagno also offers excuses like losing his grandmother — though at first his poor grandmother dies two weeks ago and in his second telling she dies a month ago. "I think you should stop," the sickened judge says.

Now the defendant in the case sits in jail. He says in an interview with KVBC that he has not heard from Caramagno since that day in court and has received no refund. Though he still wants a private attorney, he can no longer afford one. Caramagno, on the other hand, tells KVBC that, of course, he will give a refund to the client though he still seems to think he should represent the guy at the trial. Caramagno also claims in the interview he was not drunk. You can watch the video and decide for yourself. But Las Vegas justice continues to be a source of unending local embarrassment.

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Good on the judge.

Judge did the right thing by the Defendant...who was facing life in prison...while the obviously 'impaired' attorney whose ego was intact, wanted to move forward.

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