Supreme Court allows video testimony in double killing

Tuesday, Nov. 16, 1999 | 9:42 a.m.

CARSON CITY -- The Nevada Supreme Court Monday permitted a key witness to give a video deposition rather than appear in person at the murder trial of John E. Butler, accused of killing two men in a hate crime in Las Vegas.

The court said it would not intervene in the case at this time and rejected the petition of Butler to force Joseph Justin to testify at the trial at which the prosecution will seek the death penalty. Justin, 19, says he would be in extreme danger if he appeared.

Butler, 26, is accused of the July 4, 1998, fatal shooting of Daniel Shersty, 20, a white man, and Linn Newborn, 25, a black man, who were members of Skin Heads Against Racial Prejudice.

Prosecutors say the victims were lured into the desert northwest of the city about 3 miles west of U.S. 95 by two women. Newborn was shot with a .38-caliber pistol, and Shersty was hit with a bullet from a .32-caliber pistol. A shotgun was also used on both.

Justin, who testified at the preliminary hearing, said he was with Butler the day following the shooting and helped the suspect clean up and destroy evidence.

Philip Kohn, special public defender for Butler, said the Clark County district attorney's office failed to present any evidence to District Judge Michael Douglas that Justin's life is in danger. And if he is in danger, it's up to the district attorney to protect him.

A video deposition, Kohn said in his brief to the court, "Will not keep Justin any safer than if he testifies at trial." He noted Justin has already appeared at the preliminary hearing.

Allowing Justin to skip the trial also violates the constitutional rights of Butler to face his accuser, the public defender said.

Butler's trial was originally set to begin this month but has been postponed.