LAS VEGAS (KLAS) — Carrie Cox, the Henderson city councilwoman facing a criminal charge of recording the private conversation of another councilwoman, and her attorney say Cox’s indictment is flawed and the statute she is accused of violating is “archaic,” according to court documents filed Tuesday.
Cox, the councilwoman for Ward 3, was indicted on Nov. 5 by a Clark County grand jury on one charge of monitoring or attempting to monitor a private conversation. Prosecutors, in that indictment, say she recorded conversations with Ward 2 Councilwoman Monica Larson and two other people.
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The indictment followed a 10-month police investigation. Cox’s attorney, Josh Tomsheck, filed a 37-page writ of habeas corpus asking a Clark County District Court judge to dismiss the indictment.
“First, there is insufficient evidence that Mrs. Cox ‘knowingly and willfully’ recorded a conversation because there is insufficient evidence Mrs. Cox knowingly made a recording knowing that doing so would be against the law,” the writ states. “Second, the State failed to establish probable cause to the essential elements of the crime charged in that it failed to establish that the conversation taking place was ‘private.’ Third, the State failed to present essential evidence to the Grand Jury including Mrs. Cox’s exculpatory statements and evidence pertaining to the recording itself which tend to explain away the charge.”…