Detective Rod Pena

          Detective Rod Pena led the investigation for the Henderson Police Department. Before coming to my school to question me, Pena had questioned numerous students who were in Melissa Marcovecchio's 5th grade class. NOT ONE student corroborated her allegations. Over 35 students in a small classroom and NO ONE witnessed the claims Melissa made against me. At this point in the investigation no other students had made any allegations against me. Those only came after the media blitz done by the Henderson Police and D.A.'s office.

         Detective Pena did not arrest me on the allegations made by Melissa Marcovecchio either because he didn't believe her or because he knew he had no case against me. What Pena did next was falsify information on a search warrant affidavit and lie to a judge in order to obtain a search warrant for my house. Pena lied on the search warrant affidavit because he knew he didn't have probable cause to get a search warrant. Only ONE of the 8 facts he listed on the search warrant affidavit were true and it wasn't anywhere near enough for probable cause. All of the false information came from Pena altering information from Melissa Marcovecchio's and her mother's written statements to the Henderson Police. Pena knowingly altered the information to make if appear as if there was probable cause for the search warrant.(click the search warrant tab for more details)

         While I was in the Henderson jail, Pena removed my cell phone without a search warrant. I know this because he left behind a form stating that he took my cell phone and locked it in his desk drawer while he waited for a search warrant. Pena kept my cell phone for over a month and never did get a search warrant for it even though he did search my cell phone. I know this because when my attorney asked the court (Judge Donald Mosley) to order the D.A. (Tom Carroll) to provide me with a copy of the search warrant, Tom Carroll stated that nothing was found on my cell phone and it would not be used at the trial. Tom Carroll said he felt I wasn't entitled to the search warrant which is a violation of the law and my rights. He was covering for Pena's violation of the law.

         Judge Donald Mosley was the next one to violate federal law and help cover up the fact that Pena never got a search warrant for my cell phone when he stated (on the record in open court) that I was not entitled to the search warrant because the phone would not be used at trial. That is a clear violation of federal law and my constitutional rights. To read more about Judge Mosley's violation of the law click his tab.

         Detective Pena, D.A. Tom Carroll, and Judge Donald Mosley all violated Nevada Statute 179.075(2) and federal law (4th Amendment) willingly and openly.

         Judge Jackie Glass was the next one to help cover up Detective Pena's violations of the law and my rights. She denied me my right to a Frank's Hearing whereby I would have the opportunity to challenge both search warrants and put all violations on the record in open court. Also at that hearing Detective Pena would have to try and explain his blatant violations of law on the record in court. Judge Glass made sure this never happened. To read more about Judge Glass' part in all of this just click on her tab.

         Detective Pena violated Nevada laws 179.075, 199.130, 199.440, and the 4th Amendment of the U.S. Constitution. The D.A and two judges helped cover up Pena's violations of the law. These violations were all done before I went to trial and I'm sure Detective Pena, the D.A., and both judges thought it would force me to take one of the several plea deals the D.A had offered me. They were all wrong and I plan on making them all answer for their illegal actions.

          Nevada's Justice system violated laws and showed an enormous lack of integrity. Hopefully the Federal courts and judges will have the integrity to set things right. (Click on the search warrant tab to see the laws that were violated)