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Top Story

Jun. 27, 2007

Cleveland's bail revoked again

By CHRISTINA EICHELKRAUT
PVT



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David Cleveland had his $50 million bail temporarily revoked -- again -- last Monday in Fifth District Court by Judge Robert Lane.

The revocation is pending a hearing scheduled for July 16.

Cleveland was involved in a car accident on Thanksgiving Day last year that resulted in the death of Jeremy Moon, 27, of Fontana, Calif.

In addition to Jeremy Moon's death, his wife, Anna Moon, and 15-year-old cousin Crystal Lopez were severely injured in the accident.

Cleveland pleaded not guilty by reason of insanity to the four charges he is currently facing: two of driving under the influence of a controlled substance causing death or bodily harm, in addition to two charges of unlawful use of a controlled substance.

His trial is scheduled to begin Oct. 23 and last approximately four days.

This is the second time Cleveland has had his bail revoked. He was initially released the day of the accident on $50,000 bail.

The state then filed a motion to increase his bail to $500,000 and incarcerate him at least until his preliminary hearing, a move denied by Justice of the Peace Tina Brisebill.

Brisebill set specific conditions on Cleveland's release, however, including his being subject to random drug testing at the court's discretion.

When Cleveland did not appear for two of the court-ordered drug tests, Brisebill revoked his bail and he was taken into custody.

At his preliminary hearing last May, however, Osvaldo Fumo, Cleveland's defense attorney, reminded Brisebill that only defendants held on a charge of homicide could be incarcerated without bail.

Brisebill then set his bail at $50 million dollars.

Judge Robert Lane asked the state to submit written briefs regarding the conditions for the bail request so that he could take them under consideration prior to the bail hearing.

"The state fully intends to ask for the highest bail possible because we do believe Cleveland is a danger to the community and a flight risk," Bob Beckett, Nye County district attorney, said.














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