Supreme Court rejects appeals by two LV killers

Thursday, Dec. 10, 1998 | 11:13 a.m.

CARSON CITY -- Two death-row inmates, convicted of different killings in Clark County, lost their appeals to the Nevada Supreme Court Wednesday.

The court upheld the first-degree murder conviction of Gregory Leonard, convicted of strangling 65-year-old Thomas B. Williams in November 1994 in the Las Vegas apartment complex where they both lived. And the court dismissed the appeal of David R. Riker, found guilty of the robbery-murder of Kevin Marble in Las Vegas in April 1992.

In the Leonard case, the court said there was "ample evidence" to show that he and Williams argued vehemently during the night over a disputed jackpot.

Leonard, the court said, "Killed Williams, left Williams' apartment, and later returned to take Williams' property."

Shortly after the killing, Leonard pawned a shotgun and two rings that belonged to Williams. And weapons belonging to Williams were found in Leonard's apartment.

The court rejected claims by attorneys for Leonard that there were errors made in jury selection, in instructions to the jury and that a key prosecution witness made improper contact with jurors.

Leonard objected to testimony of a Las Vegas police officer who was investigating another murder that was tied to Leonard. During a search of Leonard's apartment in the Williams' case, the body of Tony Antee was found under Leonard's bed.

Leonard said the testimony of the detective was unreliable because there had been no conviction in the Antee case. But the court said, "Testimony by police officers regarding their investigations of a defendant's other crimes is admissible at a capital penalty hearing so long as the evidence is not 'impalpable or highly suspect."'

In the Riker opinion, the court rejected arguments by the killer that his defense lawyers were ineffective in handling the case in District Court.

This was the second time the court has denied the appeal of Riker, who was 20 years old at the time of the offense. He pleaded guilty to the murder charge and was sentenced to death by a three-judge panel.

One of his lawyers, Mark Blaskey, at the time told Riker he would probably receive the death penalty and tried to discourage him from pleading guilty. He also sought psychiatric examinations in an unsuccessful attempt to show Riker was incompetent.

Among his claims, Riker said his attorneys failed to object to the introduction of psychological reports, which contained admissions by Riker that he killed another man in California. The court said there was evidence, without the admissions to the psychologist, that Riker had stabbed John Phippin to death in a motel room in Blythe, Calif., before the Marble murder in Las Vegas.

Phippin's car was found in Las Vegas two blocks from where Marble had been killed. Riker admitting stabbing Marble once in the chest and then slicing his neck. Riker and his companion, Richard Walker, stole Marble's work van and were later arrested driving it near Barstow, Calif., following a chase.

Walker is serving a life term without possibility of parole for his part in the killing.

Riker claimed his attorneys failed to present evidence to show Walker was the leading participant in the murder. The court said Riker failed to detail what evidence could have been presented.

Riker, the court added, "repeatedly refused to see and work with his attorneys when they tried to contact him."