Judge questions Telles about desire to testify

Robert Telles, 47, faces one count of murder with a deadly weapon against a victim 60 or older. Prosecutors have accused him of killing German, 69, over articles the journalist had written about Telles’ conduct as the Clark County public administrator.

The state rested its case on Monday, after the jury heard from 28 witnesses over four days of testimony. Telles’ defense attorney, Robert Draskovich, called two witnesses on Tuesday before the jury was dismissed in the early afternoon.

Draskovich has long said Telles wants to testify during the trial. He plans to call Telles as a witness on Wednesday, but it’s unclear if his testimony will conclude before Thursday, Draskovich told reporters.

‘Obviously it’s your decision’

After the jury was dismissed on Tuesday, District Judge Michelle Leavitt advised Telles about his right to refuse to testify. Telles said he understood that he has a right not to take the stand, and that anything he says can be used by prosecutors in cross-examination.

“Do you understand that tomorrow, after you’re done calling your witnesses, the court will ask you if you’ve made a determination as to whether you’re going to testify or not?” Leavitt asked.

“Yes your honor,” Telles said.

“And then if you want to testify, obviously it’s your decision, you’ll be permitted to testify,” the judge said.

The judge also granted a motion from prosecutors preventing Draskovich from calling on an expert to testify about search warrants that were issued in the case. The expert had previously written a report for the defense stating that the search warrants should not have been issued.

Leavitt agreed with prosecutors’ argument that the court had already litigated the issue, and that a witness cannot give opinions on legal conclusions.

Prosecutors also attempted to challenge several pieces of evidence Draskovich intended to introduce later in the trial. Leavitt said she would reserve rulings on most of the evidence until it came up during testimony, but she did exclude statements Telles made to the police, saying that he can testify to the statements himself.

Chief Deputy District Attorney Christopher Hamner brought up a series of emails and pictures the defense want to use as evidence.

“It appears to me that these are exhibits that are being used to demonstrate that Mr. Telles was in fact a good public administrator, offering good character evidence of the accused,” Hamner said.

Hamner said he wanted to make sure Telles is aware that he will be subject to cross examination “with specific instances that rebut these offers of good character.”

Draskovich said he has explained the “pitfalls” of the evidence to Telles, but that Telles “anticipates to put his character at issue.”

Psychologist testifies for defense

Earlier in the day, psychologist Mark Chambers took the stand as the defendant’s first witness.

Chambers testified about suicide attempts among people accused of crimes.

“Oftentimes people think, well, if this person committed suicide, he committed suicide, he must have committed the crime,” Draskovich said. “You’re here to dispel that comment?”

“Yes,” Chambers said.

The psychologist testified that the stress of being accused of a crime could lead to a suicide attempt, regardless if someone is guilty.

When Telles was arrested, he had self-inflicted cuts on his arms, prosecutors said. A detectives testified last week that Telles had made suicidal statements before his arrest.

On cross-examination by Chief Deputy District Attorney Pamela Weckerly, Chambers said that a “fall from grace” or public scrutiny are also risk factors for someone attempting suicide after being charged with a crime.

A juror submitted a question in writing, asking Chambers if he had experience with someone attempting suicide in order to “gain sympathy from being accused.”

“I think that’s almost certainly true, yes, especially when the suicide attempt is not successful,” Chambers said.

He later told Draskovich he was not testifying that happened with Telles.

Woman recalls man in straw hat

The defense also called Tracy Migliore as a witness. She testified that she called police with a tip after surveillance footage of the man who attacked German was released to the public, but that police never interviewed her.

Migliore said that less than a week before German was killed, she saw a man at a nearby park who resembled the assailant. She said she was “creeped out” by the man, who was wearing gloves, a surgical mask and a straw hat.

Prosecutors have accused Telles of “lying in wait” for German outside the reporters home on Sept. 2, 2022, while wearing a large straw hat and an orange reflective vest. Neighborhood video surveillance captured a distant image of the assailant confronting German on the side of the journalist’s house.

The state’s evidence against Telles includes his DNA found underneath German’s fingernails, and surveillance footage of the assailant’s vehicle that matches the description of a car registered to Telles’ wife.

Cut-up pieces of a tennis shoe and a cut-up straw hat found at Telles’ home also matched the description of the assailant’s clothing, prosecutors have said.

Metropolitan Police Department detective Justine Gatus, the lead homicide detective in charge of investigating German’s killing, testified Monday that Telles’ phone contained over 100 images from Google maps showing German’s home and the street he lived on.

Telles’ work computer also contained information on German’s vehicle registration and address, she said.

Telles has maintained he was framed for German’s killing.

Draskovich’s questioning and opening statements have focused on portraying Telles as a public official who was trying to expose corruption within the public administrator’s office.

The trial is set to resume Wednesday at 10:30 a.m.

If you’re thinking about suicide, or are worried about a loved one or friend, help is available 24/7 by calling or texting the Lifeline network at 988. Live chat is available at 988lifeline.org.

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.