As this is written on Saturday morning, December 30, 2017, the Nevada Department of Corrections is holding Kirstin Blaise Lobato incommunicado. They have refused to allow her attorney’s or anyone else to have any contact with her. It is not known if she has been told she is no longer a convicted felon, and she has been ordered released from DOC custody.
On the morning of December 29, 2017 Clark County, Nevada District Court Chief Judge Elizabeth Gonzalez’ signed an Order vacating Kirstin Blaise Lobato’s convictions and dismissing her charges related to Duran Bailey’s 2001 homicide in Las Vegas. Judge Gonzalez’ ordered that “The Defendant [Lobato] shall be released from the custody of the Nevada Department of Corrections forthwith.” [A copy of Judge Gonzalez’ Order is below.] The State of Nevada through its representative the Clark County District Attorney’s Office, had submitted the Motion to Dismiss the charges against Kirstin Lobato granted by Judge Gonzalez.
The dismissal of Ms. Lobato’s charges was a major news story reported across the country.
Within an hour of Judge Gonzalez’ Order being signed, the Clark County District Court’s Docket page showed that Ms. Lobato’s convictions had been “Vacated” and her “Case Closed.” Ms. Lobato was no longer a convicted felon by Order of Judge Gonzalez, which was reflected by Clark County District Court records.
Robert Z. DeMarco is one of Ms. Lobato’s pro bono attorneys. Mr. DeMarco is specifically mentioned as representing Ms. Lobato, on the opening page of Judge Stefany Miley’s Order and Decision dated December 19, 2017 in which she granted Ms. Lobato’s habeas corpus petition and ordered a new trial. Judge Miley ruled that during Ms. Lobato’s 2006 trial her lawyers provided ineffective assistance of counsel for failing to investigate and present forensic entomology and forensic pathology evidence that proves Mr. Bailey died on the evening of July 8, 2001 — a time when credible alibi evidence establishes Ms. Lobato was at her home in Panaca 165 miles north of Las Vegas.
As an attorney Mr. DeMarco is an Officer of the Court.
Mr. DeMarco obtained a Certified Copy of Judge Gonzalez’ Order, and to secure her immediate release he personally went to the Florence McClure Women’s Correctional Center in North Las Vegas where Ms. Lobato is incarcerated. The prison is about 10 miles north of the Clark County Courthouse near downtown Las Vegas.
When Mr. DeMarco arrived at the prison he attempted to serve a copy of Judge Gonzalez’ Order on FMWCC Warden Dwight Neven. Service of Judge Gonzalez’ Order was refused.
When Ms. Lobato had not been released by mid-afternoon on December 29, 2017, Justice Denied called the FMWCC. The prison personal refused to provide any information regarding Ms. Lobato. They also refused to state she had been informed of Judge Gonzalez’ Order dismissing her charges and that she was no longer a convicted felon.
After deliberately refusing service of Judge Gonzalez’ Order, prison personal took the position that Ms. Lobato couldn’t be released because Judge Gonzalez’ Order hadn’t been served on the prison.
Ms. Lobato is being held incommunicado. Prison personal are refusing to allow anyone to speak with her — not even her lawyers.
Ms. Lobato has been held for some months in administrative segregation for her protection after she was viciously attacked by a mass murderer that the Nevada DOC had assigned as her cellmate. See Justice Denied’s Feb. 21, 2017 article, “Kirstin Lobato Attacked By Mass Murderer At Woman’s Prison.”
Kidnapping is defined in Nevada’s NRS 200.310 2.:
“A person who willfully and without authority of law seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep the person secretly imprisoned wit
hin the State, or for the purpose of conveying the person out of the State without authority of law, or in any manner held to service or detained against the person’s will, is guilty of kidnapping in the second degree which is a category B felony.”
The dismissal of Ms. Lobato’s charges by Judge Gonzalez’ and her Order that she be released “forthwith” is being deliberately and systematically ignored by the Nevada Department of Corrections. “Forthwith” is defined as “immediately” by Merriam-Webster’s Dictionary. The NDOC refused to release Ms. Lobato “immediately” after Judge Gonzalez’ Order was issued and her criminal case was “Closed” by the Clark County District Court, and she being held incommunicado.
An argument can be made the Nevada DOC personel involved in Ms. Lobato’s detention in disregard of Judge Gonzalez’ Order that she be released “forthwith” could be charged with second-degree kidnapping.
The Nevada DOC could be facing a significant civil lawsuit if it doesn’t produce and release Ms. Lobato from FMWCC “forthwith” as mandated by Judge Gonzalez’ Order, which states:
“Having come before the court on December 29, 2017, for the State’s Motion to Dismiss with Prejudice, the Court finding good cause has been shown, hereby Orders that the above entitled case is dismissed with prejudice. The Defendant shall be released from the custody of the Nevada Department of Corrections forthwith.”