Judge delays ruling on release of 1 October unsealed documents

LAS VEGAS - Documents Metro Police filed trying to obtain search warrants related to the 1 October shooting will remain sealed, at least for now.

Attorneys for several local and national media outlets filed a motion to make public any documents Metro filed trying to find out what police were looking for and what they found as a result of several search warrants.

This comes after a federal court judge on Friday unsealed hundreds of pages of similar documents filed by FBI agents.

Now, there will be at least two more hearings before the documents from Tuesday's hearing could potentially be made public.

One to decide whether Metro's attorneys can justify behind closed doors why they want the documents to remain secret and a second to determine whether or not to release the documents.

It may not be until after next week that a judge decides whether or not Metro's search warrant applications -- and what investigators found as a result -- will be made public.

The attorney for Metro is arguing to keep the documents sealed and wouldn't say the reasons in open court, but 8 News NOW did get into some insight as to what might come out of those documents.

A potential bombshell in the 1 October investigation came out during a discussion between an attorney representing Metro Police and Judge Elissa Cadish.

"The 'and' is where I can't get into in open court, what follows that word, your honor, that's what...," said Nick Crosby, attorney representing Metro.

"So, without naming names, there are potential charges against others as a result of the ongoing investigation, is that fair?" Judge Cadish asked.

"Yes," Crosby said. 

Crosby told the court if charges of some nature come it would likely be within 60 days. He says any further details as to why the department want search warrant documents to remain sealed would have to be given to the judge in-camera -- that is, without anyone else present.

Attorneys representing media outlets -- asking for the documents to be unsealed -- didn't buy the argument.

"We don't think it's appropriate for them to now come in here and say 'well, there are potential additional suspects, not for the shooting itself, but additional charges out there,'" said Maggie McCletchy, petitioning attorney.

Metro's attorney disagrees saying, since the beginning, he has made it clear they wanted documents to remain sealed.

"I did that in the first appearance in the case, so the spectra that I am somehow delaying, engaging in delay tactics and now asking for redress, after her honor's ruling 20 minutes ago, is completely inaccurate," Crosby said.

Attorneys like Michelle Tuegel, who represent the victims and survivors of the 1 October shooting, are watching this very closely.

The revelation of possible charges against an accomplice may change how they pursue any liability lawsuits moving forward.

"In our opinion, that might make these cases even stronger, because those are more signs, and more things, that should have been picked up on and handled that these companies missed," said Michelle Simpson Tuegel, Hunt & Tuegel. 

Sheriff Joe Lombardo has said a press conference could be happening to update the investigation sometime in the near future.

It remains to be seen if these revelations of potential charges will change the timeline on that. 

 


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