Juror’s actions stall sentencing in tourist’s killing

Bill Gang

Friday, June 14, 1996 | 11:59 a.m.

A jury has reached a verdict in the penalty hearing for convicted killer Patrick Henry Randle, but it may not make a difference.

District Judge Sally Loehrer was to decide today whether to declare a mistrial in the penalty portion of the trial over the slaying of Canadian tourist Roger Champagne.

Deputy District Attorney David Roger asked Thursday for the mistrial after it was learned that a juror conducted his own legal research about what would happen if the jury couldn't decide on a penalty.

Jurors, however, were specifically instructed at the beginning of the trial that they were not to conduct their own investigations, visit the crime scene or consider any law other than that given by the judge.

"It's clear the jury was tainted with outside information, that was incorrect as a matter of fact," Loehrer said before setting an afternoon session today to explore the state's request.

In court Thursday, Loehrer was told that the juror had searched through old law books at a casino where he works and informed his fellow jurors that if there was a hung jury over the penalty, the judge would be the one to decide Randle's fate.

But the law actually states that a three-judge panel would have that responsibility. It would be composed of Loehrer and two district judges from other jurisdictions in Nevada.

Defense attorney Tony Sgro opposed the mistrial motion, knowing that in nearly all such situations the three-judge panels vote for the death penalty.

The jury convicted Randle last week of murder and other charges. It had choices of death by lethal injection or life in prison with or without the possibility of parole.

Despite their concerns about a hung jury, the jurors reached a unanimous verdict after less than four hours of deliberations over two days.

The controversy further frustrated Champagne's widow, Lorette, who traveled to Las Vegas for the trial and penalty hearing but wasn't able to stay for today's decision.

"I'm disappointed that I'm not going to be here," she said dejectedly. "I thought the final curtain was finally going to come down."

Lorette Champagne also was a victim in the case, having been robbed by Randle on May 24, 1994, after he shot her 57-year-old spouse in the parking lot of the Sam's Town RV Park on Boulder Highway.

The woman had commented early in the case that she had mixed feelings about the death penalty despite her husband being a murder victim.

When asked after Thursday's court session about her position now, she sidestepped the issue and said only, "I respect whatever the jury comes up with. They worked really hard and I respect their decision so long as (Randle) is not out on the street."

That already was guaranteed by his conviction, which will keep him in prison for a minimum of 20 years even if he gets the lightest possible sentence.

Since Randle also was convicted of robbing her and shooting another man in an unrelated robbery two days before, Loehrer could add another 95-year sentence onto whatever Randle gets for the murder.