Murder suspect challenges court's jurisdiction

The man accused of murdering a 36-year-old Johnson Lane resident two years ago made a brief court appearance Friday and announced he would be challenging the court's jurisdiction.

James Matlean, 23, has been charged with first-degree murder in the February 2008 shooting death of Benjamin Oxley.

East Fork Justice Jim EnEarl appointed lawyer Derrick Lopez to represent Matlean who is being held in Douglas County Jail without bail.

Wearing orange and blue jail clothing and handcuffs, Matlean appeared by himself on Friday before EnEarl.

When EnEarl set the suspect's next appearance for Wednesday, Matlean asked for a month's continuance.

Acknowledging Matlean's waiver of the preliminary within 15 days, Prosecutor Tom Gregory asked for a status hearing Wednesday.

"It forces both parties to keep on track and not have delays," Gregory said.

Matlean agreed to the Wednesday hearing.

"I want to say I am challenging the jurisdiction in this case," Matlean said.

In an e-mail to the Record-Courier, Matlean's father, David Matlean, claimed his son was

innocent.

David Matlean, who did not attend Friday's hearing, said his son was being prosecuted because of a multimillion-dollar lawsuit the older Matlean filed against the county.

"In February, 2009, I filed a multimillion-dollar lawsuit against Douglas County, Justice of the Peace Jim EnEarl, District Attorney Mark Jackson and Sheriff Ronald Pierini for violations of constitutional law," David Matlean said.

He said the county and public officials were required to file bonds with the county clerk's office before executing their official duties and had not.

The county contends the liability bonds are in place as required by Nevada Revised Statutes.

"So what happens when you back them (officials) in the corner? They go after your family," David Matlean wrote. "They know they don't have any bonds so they go after my family. My son, James Matlean, did not murder anyone. The county is just coming after my family because of the lawsuit that I filed against them."

Matlean, the roommate of Oxley's ex-wife Dawn, 37, is accused of shooting Oxley in the head Feb. 21, 2008, as he and his wife were sleeping.

If convicted, Matlean faces life in prison without parole. The district attorney has the option of requesting the death penalty.

Matlean has a lengthy criminal history that includes several felony convictions.