LAS VEGAS (AP) - A judge ordered a blood-alcohol test for a defense lawyer whom she said smelled of alcohol, then declared a mistrial after declaring him too tipsy to argue a kidnapping case. "I don't think you can tell a straight story because you are intoxicated," Clark County District Judge Michelle Leavitt told defense lawyer Joseph Caramango as she declared a mistrial for Caramango's client, Dale Jakuchunas.
Caramango told the Las Vegas Review-Journal for a Tuesday report that he was not drunk, and had been ready to go forward with witness testimony. Jakuchunas, 32, faces life in prison if convicted.
"I've always considered myself the consummate professional," Caramango said. "I take all my cases very personally."
He said he received a head injury in a rear-end car crash while driving to court on Thursday, but that police were not called. Caramango did not immediately respond Tuesday to a message seeking comment.
In an exchange recorded by courtroom video, Caramango arrived about 90 minutes late for trial, and can be heard slurring his words.
The judge asked if something was wrong, and said she became suspicious when details of Caramango's accident account varied.
Caramango also identified a woman who accompanied him to court as his ex-girlfriend, and called her Christine. Questioned by the judge, the woman identified herself as Josephine and said she just met Caramango about 20 minutes earlier at a nearby bar and grill.
Leavitt summoned Caramango and prosecutors into her chambers and ordered Caramango to be examined by a courthouse nurse.
The nurse told the judge that Caramango said he had shots of tequila hours before court. Caramango acknowledged in court that he was drinking the previous night, but maintained he was not drunk.
Leavitt ordered Caramango to take a breath test in court, then declared a mistrial.
"For the record," the judge said, "your blood-alcohol content is .075."
The legal blood-alcohol limit for drivers in Nevada is 0.08 percent.
Leavitt did not hold Caramango in contempt of court, and it was not immediately clear whether he will face discipline from the State Bar of Nevada.
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Information from: Las Vegas Review-Journal, http://www.lvrj.com
