High court overturns murder conviction

Tuesday, May 18, 1999 | 12:25 p.m.

CARSON CITY -- The Nevada Supreme Court Monday overturned the first-degree murder conviction of Larry D. Bailey, sentenced to a life term without the possibility of parole for the rolling-pin killing of the manager of a fast food restaurant in Las Vegas.

A cumulation of three errors led the court to decide unanimously that Bailey was entitled to a new trial in the killing of Rennie S. Wells on April 21, 1995, during a robbery of a Pizza Hut restaurant.

When Wells closed the business at 11 p.m., Bailey and Don Green, both employees, were present. The following morning Wells' body was discovered.

Green said Bailey killed Wells. Bailey, however, claimed Green had killed the restaurant manager.

The court noted that during cross examination at the trial, a police detective testified that he concluded Bailey was the killer after looking into his past. The prosecution asked if the detective had also examined Green's past. The officer said he had.

Green's conviction for larceny was introduced as evidence in the trial, but there was no testimony about Bailey's criminal history.

The prosecution also erred when it failed to disclose to the defense that it agreed to write a letter to the state Parole Board on behalf of a witness who testified that he heard Bailey say he killed the victim, the court ruled.