Document Type

Case Summary

Publication Date

1-1-2004

Case Synopsis

Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November of 1999, and extradited to Nevada for trial. On March 31, 2000, Rudin was arraigned in the Eighth Judicial District Court. She pled not guilty to all counts. Rudin retained Michael Amador (Amador) to defend her after a brief period of representation by the Clark County Public Defender. Amador claimed to be working on a pro bono basis. After several delays, on February 20, 2001, the district court appointed Thomas F. Pitaro (Pitaro) to assist Amador. Approximately one month later, Rudin moved for a mistrial based on the lack of preparedness by Amador.2 The district court denied the motion finding that there was not enough evidence of prejudice to warrant a mistrial. Two weeks later, the district court appointed John Momot (Momot) as additional counsel for Rudin. On May 2, 2001, after an eventful trial, Rudin was found guilty on counts I and II. On May 8, 2001, Rudin filed a motion for a new trial. Rudin also moved to terminate Amador as her attorney based on alleged misconduct by Amador.3 The district court granted Rudin’s motion to terminate Amador as her attorney. However, the court denied her motion for a new trial because Rudin did not present any specific evidence or argument to support that she was prejudiced at trial. Rudin was subsequently sentenced to one year in prison on count I and to life in prison with the possibility of parole after ten years on Count II, plus an equal and consecutive sentence for a weapon enhancement. Rudin appealed.

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