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November 14, 2009

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McKenna called most dangerous Nevada inmate

Tuesday, Sept. 10, 1996 | 11:59 a.m.

There is no question Patrick McKenna killed one man -- he was convicted of that.

The jury at his penalty hearing, however, is going to hear that he also killed three others and was involved in a murder-for-hire in Oregon that didn't quite result in death.

Just before jury selection began Monday, the revelations surfaced as defense attorneys tried to keep a letter from McKenna to a Metro Police detective out of the hearing that could result in the death penalty -- once again -- for McKenna.

Deputy State Public Defender Nancy Lemcke downplayed the letter, calling it "an obvious attempt to get easy time" in prison by making himself out to be a greater threat than he was.

But Deputy District Attorney Doug Herndon said McKenna "wanted to clear up the books on all his crimes."

Lemcke countered that the letter doesn't provide sufficient details to be reliable.

District Judge Myron Leavitt, however, said that since the letter is in McKenna's own handwriting, the jury could consider it.

In a pre-hearing court session, the judge also agreed to let prosecutors use McKenna's statements at a prior trial about the 1979 murder of his cell mate, Jack Nobles.

Herndon said McKenna told of being angry about his conviction that day for raping two women in a downtown motel room.

Although he was "boiling over," Herndon said McKenna played chess with Nobles and drank "pruno" -- an illicit jailhouse brew -- which made him angrier.

McKenna stated that after Nobles lost the game, the prosecutor said, he took a swing at McKenna, who "exploded and attacked him."

Nobles eventually was choked to death.

Lemcke argued that using the prior testimony would violate McKenna's First Amendment rights, but Leavitt ruled that the killer had given up that right when he originally took the witness stand.

Although testimony is not scheduled to begin until Wednesday in the penalty hearing of the convicted killer and escape artist, it seemed feasible that opening statements could be made today.

That is, if the pace of jury selection picks up.

Eleven potential jurors -- barely a third of what must be selected -- were approved Monday by defense and prosecution attorneys for the jury of 12 plus two alternates. Each side has nine challenges they can use randomly to exclude those they feel would least favor their positions, so as many as 32 acceptable jurors will have to be approved.

But before things reach that point, potential jurors must go through a series of questions to show they are not biased for or against McKenna and will consider all three possible penalties -- death by lethal injection or life in prison with or without the possibility of parole.

Twice before, McKenna was given the death penalty by juries in the same case, but each time appeals courts reversed the conclusion.

Some potential jurors admitted Monday that they couldn't consider giving death as a punishment. At least one said he would have trouble giving anything else for a convicted killer.

Still others said family or job obligations would make it a hardship to serve on the panel that will be sequestered in a downtown hotel throughout the week-long hearing.

The seriousness of the case was obvious from the 11 uniformed SWAT officers, Metro corrections officers and bailiffs scattered throughout the courtroom.

A Metro armored vehicle was parked ominously on guard outside the courthouse and 24-hours-a-day security was implemented throughout the building.

Officials in Nevada have said that McKenna is the most dangerous man in the state's prison system and the third most dangerous in the country.

In court, he wears a remote-controlled stun belt with a 50,000-volt shock capability to incapacitate him if he tries anything -- which he has on several occasions in prison or in jail. One incident in the Clark County jail led to the deaths of two prisoners.

Chief Deputy State Public Defender Peter LaPorta complained to Leavitt on Monday that the show of force was excessive and could prevent McKenna, 49, from getting a fair trial.

But the judge refused to relax security.

In addition to McKenna's six recorded escape attempts -- two involving guns he obtained while behind bars -- law enforcement officials have said they are concerned because of persistent rumors that members of a prison-based gang might try to break him out.

As a security precaution, McKenna is transported in a wheelchair to and from the Clark County Detention Center in belly chains and ankle shackles. He wears blinders and his hands are covered in mittens that prevent him from grasping anything.

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