Power brokers on Trump-pardoned ex-con’s board could now be forced to testify: lawyer

The attorney who filed a federal lawsuit on behalf of a woman who alleges she was repeatedly sexually assaulted by Hope for Prisoners’ founder Jon Ponder while in the state’s custody says he intends to depose Nevada’s top law enforcement officials to learn what they knew about Ponder and when.

“We certainly intend to depose all board members and any public officials who had knowledge of the systematic sexual abuse that was allowed to continue within Nevada Dept. of Corrections by Mr. Ponder and Hope for Prisoners,” attorney James Beckstrom said via email when asked if he expects to depose District Attorney Steve Wolfson and Clark County Sheriff Kevin McMahill, who were board members in 2020, and Gov. Joe Lombardo, who was sheriff at the time.

The Current was first to report that the Hope for Prisoners board of directors was advised by its attorney in the summer of 2020 to terminate Ponder following an investigation into allegations of sexual misconduct.

The board ignored the recommendation after President Donald Trump’s surprise pardon of Ponder at the 2020 Republican National Convention, according to a letter to the board from member Kristina Wildeveld, who resigned when the board took no action.

Other members of Hope for Prisoner’s board in 2020 included former Gov. Robert List, Latin Chamber of Commerce president Peter Guzman, who introduced Lombardo at his election night gathering Tuesday, and former Metro Asst. Sheriff Todd Fasulo, who served as chairman of the board.

The Current reached out to the former board members and Lombardo, but did not hear back.

Beckstrom represents a former Nevada inmate who is identified as RS in a federal civil rights lawsuit filed Oct. 29. She alleges that Ponder used his influential relationships to gain access to her and others, and coerced her into engaging in sexual acts by promising contact with her children.

“There is nothing I wouldn’t do to see my children,” RS later said, according to the lawsuit.

RS asserts she was directed by Ponder to perform oral sex in his office, that he arranged chairs at the Jean prison “church” service so he could touch her out of the view of the camera, and that he took her inside a storage closet at the prison to kiss her.

The suit alleges Ponder violated RS’ constitutional right to be free from cruel and unusual punishment, including sexual abuse by those with authority over her.

There is no cap on monetary judgments against the state for civil rights claims.

RS is also one of seven alleged victims in a 25-count grand jury indictment handed down in September against Ponder. The charges include four counts of sexual assault that each carry a potential life sentence. Other charges include kidnapping and unauthorized contact with inmates.

Ponder has been released from the Clark County Detention Center on $400,000 cash bail, which was reduced from $1 million in October by Judge Ron Israel.

His attorney, Robert Draskovich, has filed a motion to withdraw from the case, noting Ponder’s case originated in Justice Court but was transferred to District Court following the indictment, and Ponder is no longer able to retain him.

‘A prolific sexual predator’

The criminal allegations in the indictment against Ponder, a three-time convicted bank robber and domestic abuser, span 11 years — from 2015 through this year.

“The stark reality is that Jon Ponder is a prolific sexual predator,” prosecutor Michelle Fleck said at the October hearing to lower Ponder’s bail.

Metro, under Lombardo’s watch, forged a community partnership with Hope for Prisoners and hosted its monthly graduations at LVMPD headquarters, as well as an appearance by Trump.

As governor, Lombardo has supported additional state funding for the organization, which also receives federal funds.

In 2020, Metro denied the Current’s request under the Nevada Open Records Act for Wildeveld’s letter, which was sent to McMahill at his Metro email address. Wolfson, the D.A., denied the same request for the letter, which was sent to his county email.

Metro and the D.A.’s office claimed the letter was sent to the officials in their personal, not official capacities, and therefore not subject to the Open Records Act.

In 2022, the Current asked Lombardo to look into the department’s denial. He later said he was unable to release Wildeveld’s correspondence.

Lombardo has remained silent when asked if Metro conducted its own investigation of Ponder in 2020. When the allegations resurfaced in a 2024 lawsuit, Lombardo, who had become governor, again would not respond.

NDOC recently denied the Current’s request for communication between the governor’s office and the department regarding Ponder, asserting the records may be used as evidence in the criminal case and could “undermine the constitutional rights of a defendant to a fair trial.”

Other board members, citing confidentiality requirements, have refused to comment in the last six years, but will likely be required to comply with a subpoena for deposition, says attorney Lisa Rasmussen, who has sued the state over inmates’ civil rights violations.

“Whatever was board confidential business is so out there in the media now that invoking confidentiality is just not going to work,” she said.

In addition to Ponder and HFP, the federal suit names two prison officials, Jennifer Nash and William Reubart.

“You have to sue them individually under the theory that they’re acting under the color of their authority,” says Rasmussen. “You can add the state, but it’s not necessary.”

Attorney General Aaron Ford, who defeated Lombardo in the race for governor last week, will likely be required to file an initial response to the lawsuit on behalf of NDOC, which his office represents.

The bulk of defending NDOC will eventually fall to Attorney General-Elect Nicole Cannizzaro, a former prosecutor under Wolfson.

Ford has called Ponder’s alleged crimes “appalling, and I’m praying for the victims to receive the full measure of justice.”

He said it’s “crucial for more information to come to light, not just about what Ponder was doing, but about who knew about it and failed to stop it. There are allegations that Wolfson and Lombardo may have known about it, but that’s for an investigation to uncover.”

The suit alleges Ponder was permitted to bypass security restrictions at Nevada prisons.

NDOC spokeswoman Teri Vance said Ponder had limited access “equivalent to that of other NDOC hired contract employees,” and added NDOC “maintains strict policies and procedures governing visitors to its facilities. Protocols are in place to ensure compliance with these requirements and to review adherence to applicable policies and procedures.”

Vance did not address the allegations that prison officials Reubart and Nash were aware of Ponder’s alleged acts, but did not report it, as required under the the Prison Rape Elimination Act.

When Jean Conservation Camp officers complained about Ponder’s behavior, Reubart and Nash overrode their concerns and told them to stop treating Ponder like an inmate, the suit alleges.

Reports of sexual assault or harassment by a staff member against an inmate in Nevada prisons average about 27 a year. In the last five years the Nevada Office of Inspector General investigated 136 reports and substantiated 14 cases.

The lawsuit says emails likely exist detailing the concerns raised by officers, and the case should be easy to substantiate, says Rasmussen.

“I think there’s an awful lot of evidence against Jon Ponder,” she said.

Nevada Current is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Nevada Current maintains editorial independence. Contact Editor Hugh Jackson for questions: info@nevadacurrent.com.