Craig Titus & Kelly Ryan Investigation

The latest happenings in the court case:

STATUS CHECK: JUROR QUESTIONNAIRE (TITUS & RYAN)
Mr. Tomsheck stated the questionnaire submitted by the defense is quite lengthy, he doesn’t believe Mr. Saggese will object to any of his redactions and he will submit a finalized copy to Chambers by the end of the day. COURT ORDERED, Mr. Tomsheck to add a question regarding the length of the trial, remove the “respectfully submitted” line and the caption and e-mail the finalized questionnaire to Chambers before the end of the day. Matter OFF CALENDAR at this time.

The outcome of the last court room appearance by Titus and Ryan is listed below. They will be back in court on May 1, 2008 to review the questionnaire. The pretrial is set for May 27, 2008.

STATUS CHECK: JUROR QUESTIONNAIRE (TITUS & RYAN)
Court stated it has reviewed the Questionnaire submitted. Mr. Tomsheck stated he just received it yesterday and hasn’t had the opportunity to review same. Court NOTED the Questionnaire needs to be submitted to the Jury Commissioner forthwith and ORDERED, matter CONTINUED two days. In the interim, Mr. Tomsheck to make his changes and speak with the defense in an attempt to work out any differences. If counsel cannot agree, the Court will make the decision on the areas of dispute.

CUSTODY (TITUS & RYAN)

The latest document filed in this case:

ORDER APPROVING DEFENDANT CRAIG TITUS AND KELLY RYAN’S MOTION FOR INDEPENDENT TESTING OF EVIDENCE

Joshua Tomsheck, Esq., appearing for the State, Michael V. Cristalli, Esq., appearing on behalf of Defendant Kelly Ryan, and Marc A. Saggese, Esq., appearing on behalf of Defendant Craig M. Titus, on April 1, 2008, before this Court, and good cause for appearing therefore:

IT IS HEARBY ORDERED that Orchid Cellmak conduct an independent DNA testing of the leather sap, identified by Las Vegas Metropolitan Police Department property Report Designation 4209-2-4-1 and the Las Vegas Metropolitan Police Department Forensic Laboratory Report Designation KP6C-Black leather sap.

Court notes from the hearing last week. Titus and Ryan will be back in court tomorrow for a status check regarding juror questionnaire.

EVIDENTIARY HEARING: DEFT. TITUS’S MOTIONS TO SUPPRESS EVIDENCE AND STATEMENTS… DEFT. RYAN’S MOTION TO SUPPRESS EVIDENCE AND STATEMENTS

Court noted it previously ruled the first statements were coming in and today’s hearing is specific to the second and third statements. Mr. Saggese lodged an objection to the Court’s prior ruling. Objection NOTED.

Testimony and exhibits. (See attached worksheets.) Following the testimony of Agent DeLair, Court DIRECTED Mr. Tomsheck to call the agent next week in an attempt to locate a 302 reference Ryan’s request to contact a physician in Las Vegas.

Arguments by counsel.

COURT ORDERED, as to the third statement, Deft. Titus’s Motion to Suppress, GRANTED IN PART; from page 50 on and immediately following the statement, “I want my attorney” is SUPPRESSED; anything prior to that will come in. Mr. Saggese abandoned the remainder of his motion.

Court stated its FINDINGS and ORDERED, as to the 12/23/05 statement/FBI, Deft. Ryan’s Motion to Suppress, DENIED and the statement is coming in.

Court stated its FINDINGS and ORDERED, as to the 12/23/05 statement/FBI, Deft. Titus’s Motion to Suppress, DENIED and the statement is coming in.

Court stated its FINDINGS and ORDERED, as to the 12/24/05 statement, Deft. Ryan’s Motion to Suppress, DENIED and the statement is coming in.

CUSTODY (TITUS & RYAN)

The opening paragraph of the court document filed on the 15th of April reads:

WHEREAS, the undersigned counsel for the parties hereto and a real parties in interest (including but not limited to Farmers Insurance Exchange and related entities and Balboa Insurance Company, or other homeowners’ insurance counsel for Gross, auto insurer for Gross) are authorized to act on their individual clients…

Earlier this month Maura James filed a “STIPULATION AND ORDER TO STAY ACTION PENDING OUTCOME OF CRIMINAL PROCEEDING.” It appears the insurance companies for Anthony Gross may be involved in this matter. What extent that will be remains to be seen. The date of this trial will be set after the criminal trial which is slated for June 2, 2008.

All pending motions were heard on April 17, 2008 by Judge Jackie Glass. A number of motions were filed by Craig Titus and Kelly Ryan requesting suppression of evidence as well as prior statements. Titus and Ryan will be in court on April 25, 2008 for an evidentiary hearing. April 29th there will be a status check on the juror questionnaire. If there are no further delays the trial will begin soon.

Pretrial is slated for May 27, 2008 and the trial is set to begin June 2, 2008.

An update on the pending motions in the Titus & Ryan case. The next time the two are scheduled to be in court is April 17, 2008.

DEFT. TITUS’S MOTION FOR INDEPENDENT TESTING OF EVIDENCE … DEFT. RYAN’S JOINDER TO DEFT. TITUS’S MOTION FOR INDEPENDENT TESTING OF EVIDENCE

Court noted the calendar is in error as this is Titus’s motion and Ryan’s joinder. Mr. Tomsheck advised he has no opposition to the motion; however, requested the Order include the laboratory’s name/address/contact person/phone number and that it specifically state what is going to be tested. Further, Mr. Tomsheck advised the Las Vegas Metropolitan Police Department facilitates the chain of custody to the other laboratory. COURT ORDERED, motion GRANTED; counsel to include all above-reference information in the Order. All future dates STAND.

CUSTODY (BOTH)

Today we learned that the “Independent testing of evidence” hearing has been pushed back to April 17, 2008 at 8:30 am at the request of both counsel.

Last week, Kelly Ryan’s lawyer, Michael Cristalli, filed a motion to suppress evidence and statements. A hearing is scheduled for April 17, 2008 regarding the 221 page motion.

Craig Titus by and through his lawyer, Marc A. Saggese, ESQ,. of the law firm of Cristalli & Sagese, LTD., requested a Court Order granting an Independent Testing of Evidence. A seventeen page document notes which pieces of evidence. Titus and Ryan will be back in court on March 26, 2008 at 9am for the outcome of this motion.

Pre-trial is scheduled to begin in May for this case.

UPDATE #1 - Kelly Ryan, by and through her attorney, Ralph E. Porter, Esq. of the law firm Porter & Terry, LLC, and answers the Plantiffs’ Complaint against her:

Ryan is without information or knowledge sufficient to form a belief as to the allegations therein and therefore denies charges.

This is a new lawyer and firm for Kelly. It appears she has new counsel to represent her in the civil matter.

UPDATE #2 - Kelly Ryan has submitted a demand for a Jury Trial for this matter.

Nelson Ronald Brady was found guilty of solicitation to commit murder earlier this month. An interesting 158 page document was filed by Brady’s lawyer as “supplement discovery”. It stated:

“In addition, it should be noted that the prosecutor on the case which Theresa Fragola states that Ron Brady, Jr. broke her neck is the same prosecutor that prosecuted Deen Cassim’s original case.”

Deen Cassim was originally arrested for the high-profile robbery of a national poker player. His prison sentence reduced to probation after working as an informant against Nelson Brady.

It’s official, Maura and Dennis James, individually, and as Parents and Special Administrators of the Estate of Melissa James, are suing. A Civil Complaint was filed this month by Maura James against Craig, Kelly and Antony Gross. The three defendants were notified on February 1, 2008 of the suit and have 20 days after the Summons to filed a response or the court may decide against them without being heard. A similar summons was filed on December 19, 2007.

Kelly Ryan responded to the summons on February 19, 2008.

Last month, Craig Titus and Kelly Ryan filed orders to have investigators, employed by their lawyers, Cristalli & Saggese, added as contact visits. Kelly has requested Philip Needham, be appointed as investigator and granted permission for contact visits. Craig’s order requested Richard Frankly, LPI and/or an agent of RDF; specifically Liza Gripentrog, be allowed contact visits in the Clark County Detention Center.

This month, Craig later filed an “ex parte motion to appoint investigator and for fees in excess of statutory limit pursuant of NRS 7.135″. The court granted Titus’ motion and states:

After reviewing Defendant’s Ex Parte Application For Investigative Fees Pursuant to NRS 7.135, and good cause appearing:

IT IS ORDERED that Defendant’s Motion is granted.

IT IS FURTHER ORDERED that Richard Franky, LPI dba RDF Investigative Agency be COURT APPOINTED as defense counsel’s private defense investigator.

IT IS FURTHER ORDERED that defense counsel may employ Richard Franky, LPI dba RDF Investigative Agency to assist defense counsel in preparing an adequate criminal defense.

IT IS FURTHER ORDERED that the compensation for RDF Investigative Agency / Richard Franky, LPI employed by defense counsel must not exceed $6,000.00 (six-thousand). Defense counsel’s investigative fees must be paid by the County of Clark.

Very interesting in the last sentence, does this mean Clark County is now paying for Craig Titus’ investigative fees? It appears that is the latest. The bigger question is, what is Team Titus investigating?

A story that broke today is reportedly linking Craig Titus to New York Yankee’s pitcher, Andy Pettitte.

Report: Pettitte HGH source came from ex-high school classmate
New York, NY (Sports Network) - The human growth hormone Andy Pettitte received from his father reportedly came from a former high school classmate of the New York Yankees pitcher.

The New York Daily News reports trainer Kelly Blair, who owns a gym in Pasadena, Texas, is the source of the HGH.

Blair and Pettitte attended high school in Deer Park, and the triangle of the HGH source is oddly connected. Pettitte’s wife’s brother married Blair’s sister, according to the newspaper.

In his deposition to congressional attorneys nearly two weeks ago, Pettitte said his father obtained the HGH from a gym he works out in, “a guy that’s the trainer there.” Tom Pettitte has had serious health problems, including having open-heart surgery, according to the Daily News.

The newspaper reports Blair owns 1-on-1 Elite Personal Fitness, but he has been out of the United States for the last several weeks. The Daily News reports a whistleblower close to the gym told the newspaper that shipments of HGH and steroids, including Dynabol, Winstrol-V and Deca-Durabolin, would come and that they were moved through the gym by Blair.

The Daily News reports some of the drugs came from steroid-user Craig Titus, a champion bodybuilder who is facing a murder trial in Nevada for the slaying of his former live-in assistant.

The Daily News reports pictures of several professional athletes, including Pettitte were displayed on the wall of Blair’s gym. The newspaper said eight other major leaguers, several pro golfers and an NFL quarterback were also pictured.

Also, Blair was reportedly seen working with Koby Clemens, the son of seven- time Cy Young Award winner Roger Clemens, who was involved in a heated congressional hearing this past week. However, the Daily News reports that Koby Clemens, who is now playing baseball in the minors, hasn’t been linked to any illicit activity at the gym.

Andy Pettitte is due to arrive at Yankees spring training on Monday and is expected to make his first comments since telling a congressional committee that Roger Clemens spoke to him about using HGH.

Source: Thesportsnetwork.com

A jury found Nelson Ronald Brady Jr. guilty on three counts of solicitation to commit murder. The Las Vegas Review Journal provides the story.

The man accused of trying to hire a hit man to kill three key witnesses in the Craig Titus bodybuilder murder case was found guilty on Tuesday in District Court.

The jury found 36-year-old Nelson Ronald Brady Jr. guilty of three counts of solicitation to commit murder. He was accused of trying to hire an assassin to kill Anthony Gross, Megan Pierson Foley and her husband, Jeremy Foley.

All three were witnesses against Titus and Kelly Ryan, who are charged with killing Melissa James, their personal assistant, in December 2005.

The Foleys told a grand jury that Titus and Ryan made incriminating statements about James’ death, including that Ryan shocked James with a taser the day of the killing.

Gross allegedly helped Titus and Ryan get rid of James’ body.

Brady’s attorney, Michael Schwarz, said it was too early to say if Brady would appeal. Brady faces two to 15 years behind bars for each count.

“Obviously we’re disappointed,” he said.

Deputy District Attorney Josh Tomsheck said the evidence against Brady was overwhelming, and included recorded jailhouse interviews and video footage of Brady meeting with an undercover detective to talk about the hit.

During the trial, Brady was described as an awestruck fan of Titus who met the bodybuilder while serving time in the county jail on a domestic battery charge.

While still in jail, Brady approached another inmate, Deem Cassim, about killing the witnesses, authorities said. Cassim, in turn, told police about the plot and worked with authorities to implicate Brady.

During the trial, Brady testified that he never intended to hire a hit man. He said that he only wanted to discredit the witnesses by setting them up in a drug sting. He eventually admitted during the trial that he wanted to pay off the witnesses or intimidate them into not testifying.

During a recorded police interview after his arrest, Brady admitted that the plot centered on killing witnesses, authorities said. Brady testified, however, that he only confessed to police because he wanted to get the interview over with.

It’s been a few months since anything of substance has happened in this case. This week the trial for Nelson Ron Brady began. This trial is still being conducted however the Las Vegas Review Journal wrote the following:

Man helped police in murder-for-hire case
By DAVID KIHARA - REVIEW-JOURNAL

The informant who helped police arrest the man accused of trying to hire a hitman in the Craig Titus murder-for-hire case said he worked with authorities because it was the right thing to do, not because he was seeking a reduced sentence in an attempted robbery case.

Deem Cassim, who was sentenced to 31/2 to 12 years behind bars for robbing a 2004 World Series of Poker champion in 2004, testified this week in the trial of 41-year-old Nelson Ronald Brady, who faces three charges of soliciting murder.

Cassim said he helped police because he didn’t agree with the targeting of witnesses in the Craig Titus and Kelly Ryan murder case. He said he especially didn’t agree with them going after Anthony Gross, who was in his early 20s at the time, because Gross was so young.

After assisting police, Cassim was re-sentenced to probation.

During Brady’s trial in District Court, Cassim was grilled by defense attorney Michael Schwarz, who played a recorded conversation between Cassim and Brady.

In the jailhouse recording, Cassim is heard swearing and yelling at Brady, angry because Brady missed several appointments to discuss the murder-for-hire plot.

Cassim, however, said he merely was acting. But he did admit that at one point he was actually angry at Brady for missing one appointment.

But county prosecutor Josh Tomsheck pointed out that Cassim and Brady exchanged hundreds of phone calls. In only one of the calls did Cassim sound angry, he said.

Titus and Ryan are accused of killing their personal assistant, Melissa James, 28, in 2005. They are set to go to trial in June.

Brady met Ryan while serving time at the county jail for domestic battery. Brady also met Cassim at the jail around the same time.

The story is slightly inaccurate. Brady met Titus while serving time and not Ryan. We’ll keep you posted on the outcome of this case.

Another birthday will be spent behind bars for Craig Titus. Today marks Craig’s 43rd birthday; how he will spend it is anyone’s guess. Perhaps Brenda Kelly can interview Craig on her next visit and get the exclusive. Brenda celebrated her 49th birthday in Los Angeles yesterday.

Remember the “Murder for Hire” plot and Ron Brady Jr.? He is charged with three counts of “solicitation to commit a crime” and is allegedly linked to Craig Titus. Mr. Brady’s case is set to go to trial January 28, 2008. Given the history of all things somehow related to the Titus & Ryan case, it will most likely get delayed. The media will be watching this trial and it’s outcome closely. The Las Vegas Review Journal has submitted a media request for this case. If granted permission, they would be allowed to broadcast, record, photograph or televise the proceedings of the case.

Note: Mr. Schwarz is Ron Brady’s lawyer.

The latest notes related to Ron Brady’s trial:

Argument by Mr. Schwarz regarding Motion to Compel advising that there are three types of information being requested which is still missing; l) information that they do not want to give; 2) information which was given, but not provided in the form requested; and 3) information which State indicates does not exist. Court inquired if Mr. Schwarz had any contact with Titus’ attorney regarding obtaining some of this information. Mr. Schwarz stated that he did not contact Titus’ attorney and does not want to get involved with them. Mr. Tomsheck advised that they have no opposition to providing phone calls which are relevant. COURT ORDERED, motion GRANTED in PART; if handwritten visiting logs exist they are to be provided. Mr. Tomsheck represented that everything that exists has been provided. Further, COURT ORDERED, any and all PSI’s for Cassim to be obtained and can be reviewed by Mr. Schwarz; Jail to provided copies of Cassim’s housing records; Certified copies of any handwritten visitor logs for Cassim, Brady and Titus to be provided; phone call records of Titus to mother and aunt to be turned over. Additionally, COURT FINDS good cause to seal Standard Operating Procedures at the Jail, which is Exhibit “B” to Reply to States Opposition to Motion To Compel (filed 10/24/07), and COURT ORDERED, EXHIBIT WILL BE SEALED.

Argument by Mr. Schwarz as to Motion to Suppress that conversations were hearsay and should be excluded. Argument by Mr. Tomsheck, citing Reyes case. Court does not find a violation of law and bulk of argument is quality of evidence and weight to be given. COURT ORDERED, Motion to Suppress is DENIED.

Additionally, at request of Mr. Tomsheck, Mr. Schwarz is to provide cellphone records.

Also worth noting, there are other current charges against Ron Brady Jr. One felony and two misdemeanors:

• Obtain money/property by false pretense - Felony
• Engaging in business without license - Gross Misdemeanor
• Unlawful acts of omissions; penalties - Gross Misdemeanor

Counsel advised Deft. has a murder charge in the system and requested this trial be VACATED until after resolution of other case. COURT ORDERED, trial VACATED, and matter CONTINUED for status check.

This trial will be reset on February 5, 2008.

Anthony Gross received an early Christmas present from the James’ family by way of the Clark County District Court.

The summons reads:
NOTICE! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 20 DAYS.

It’s been two years now since Melissa James was found dead in the Las Vegas desert. This weekend it will be two years since Titus and Ryan were arrested as suspects in her death. Where are we now? Many things have happened since this story broke. TitusandRyan.com has documented all of the news and events along the way. A number of you knew Melissa and are seeking answers to her death. Some of you know Craig and/or Kelly from the bodybuilding world and wondering what their future holds.

This we do know… Craig and Kelly are in jail awaiting trial. Maura James (Melissa’s mother) and her family will have another Christmas without Melissa and no closure to this case. There are many unanswered questions and things yet to be revealed. Next year should bring closure to a number of things but we have a funny suspicion that this case is going to have many more twists and turns before its all over.

Our thoughts go out to everyone who has suffered from this tragedy.

Galen D. Schutt, ESQ will be the lawyer for Maura and Dennis James in a case against Craig Titus, Kelly Ryan and Anthony Gross. Maura and Dennis James are listed as the parents and special administrators of the Estate of Melissa Jame, deceased. The case has been filed in the District Court of Clark County, Nevada. Judge Jennifer Togliatti will preside over the case. The case?

Complaint for compensatory and punitive damages for wrongful death.

We’ll keep you posted on this case as well.

Brenda Kelly was once a top fitness model and now it appears she’s trying to hold on to something, anything in the fitness industry. She interviews Kelly Ryan in jail once again, poses for photos outside of the jail like it is a tourist attraction and asks the most ridiculous questions we’ve ever heard. Don’t believe it? Here’s one:

Brenda: Plans to return to Fitness?
Kelly: I would never return to fitness. I will never compete in fitness again. This is the last thing either Craig or I want in our lives. We had been in the middle of doing many other things to transition our careers from competition income to build our lives together.

Oh wait there is more…
Brenda: What would be your ideal career change title?
Kelly: Even though this does not sound like a career to some and I know it may sound funny, I want to be a Mom. This is my goal and is dear to my heart. I want it more than anything.

If you wish to read this rather wacky interview, check it out on bodybuilding.com
.

As if things in the Titus & Ryan trial weren’t bizarre enough… Judge Jackie Glass will now preside over the O.J. Simpson trial. More info on the judge are found in a recent press release by Ken Ritter.

O.J. Simpson Judge No Stranger to Media
By KEN RITTER

LAS VEGAS (AP) — In an earlier time, Jackie Glass would have been covering O.J. Simpson’s trial instead of presiding over it.

Before becoming a lawyer and being elected a Clark County District Court judge, Glass was a television journalist covering courts in Las Vegas. She met her husband, then a deputy district attorney and now a Las Vegas city councilman, in the courthouse hallways.

“She’s got some experience covering and being around high-profile cases,” said Steve Wolfson, a defense lawyer who married Glass the same month she received her law degree in 1984 from the University of San Diego School of Law. “I have every confidence in the book that she’ll do a great job on this case.”

Glass, in her fifth year of a six-year term, has handled several celebrity cases, but nothing as headline-grabbing as the hotel-room confrontation in which Simpson and two other men are accused of kidnapping and robbing two sports memorabilia dealers.

Through her administrative clerk, Glass declined to comment.

Glass, 51, practiced law for almost 20 years, focusing on civil law for more than a decade as a partner with her husband.

In 2002, she raised and spent more than $400,000 to win a seat on the bench paying about $130,000 a year. She defeated a judge who spent more than $280,000 but lost his bid for a third term after Glass accused him of being soft on crime.

By the end of her first year on the bench, Glass helped establish a county mental health court, and she pushed for creation of a competency court in 2005 to review the mental ability of defendants to stand trial.

Glass sent former NFL kicker Cole Ford to a state mental hospital in 2005 after finding him incompetent to stand trial for shooting at the Las Vegas home of entertainers Siegfried & Roy. Ford later agreed to a plea deal that required him to continue mental health treatment.

Glass also oversaw the jury trial of a California minister and his wife who were convicted of trying to extort millions of dollars from the husband of singer Celine Dion. Ae Ho Kwon’s wife, Yun Kyeong Kwon Sung, claimed the singer’s husband, Rene Angelil, raped her.

Before trial, Glass made a crucial ruling that Angelil was not properly served with a subpoena, and Angelil didn’t have to testify. The Nevada Supreme Court is considering an appeal from Kwon and Sung, whose lawyers argue they should have been able to confront their accuser.

More recently, Glass was assigned the case of husband-and-wife professional bodybuilders Craig Titus and Kelly Ryan, accused of slaying their live-in assistant, Melissa James. The trial is set to begin in June.

Glass has dropped in ratings by county bar association members, from 80 percent favoring retention in 2004 to 71 percent in 2006. Ratings are compiled every two years by the Las Vegas Review-Journal newspaper.

One critic surveyed in 2004 said Glass worked hard and meant well but needed training in “rules of evidence, law and procedure.”

A veteran defense lawyer said Glass today is tough, fair, knowledgeable about the law, and “sensitive to both sides of the aisle.”

“She can take the bull by the horns and make tough decisions,” John Momot said. “She does not cave in.”