Slayings witness wants immunity grant in writing
Thursday, Oct. 14, 1999 | 11:55 a.m.
Although a videotaped deposition from an elusive witness in a quadruple homicide appeared inevitable, no formal court order was issued today because her attorney wants prosecutors to formalize a grant of immunity.
Charla Severs is said to be a key witness against her ex-boyfriend, Donte Johnson, who is facing a Jan. 10 trial on charges he fired bullets into the heads of four young men during a robbery in August 1998.
Severs has given statements that she was present when the robbery plot was hatched and named Johnson, 19, as one of those involved.
But she disappeared early this year -- purportedly because of threats to her life if she testifies -- and it wasn't until last month that she surfaced.
Prosecutors repeatedly stated that they have no intention of charging Severs as an accomplice in the execution slayings of four young men, but defense attorney Chip Siegel said that needs to be put in writing.
Although District Judge Jeff Sobel said he was inclined to order the videotaped deposition, he postponed a final decision on the matter until next week to give the sides an opportunity to file court motions.
However, a tentative date of Oct. 26 was set for a sworn statement from Severs that will preserve her testimony to be shown to the jury at Johnson's trial, even if she disappears again.
Severs, who is known as "La La," has been sitting in jail since she was arrested on Sept. 17 in Manhattan on prostitution charges. She could stay there on the current material witness warrant until after Johnson's trial if she can't make bail or until Sobel orders her release.
The deposition would ensure her release and Siegel said she wants to give one, but only if immunity is assured.
Deputy District Attorney Gary Guymon has stated in court documents that Severs admitted that she fled Nevada after being threatened by a man with a violent past who was connected to Johnson.
The videotaped deposition not only could be used at Johnson's trial should something happen to her or she again flees and isn't available to testify, but it could help ensure her safety.
Siegel has said that once testimony is taken in a sworn deposition, the death or disappearance of a witness does not prevent the witness' story from coming out in court. That should take away the motivation of a person to harm a witness or persuade that person not to testify.
In addition, Siegel said, the existence of a damaging videotape statement can actually prompt a defendant to want the witness to take the stand at trial in hopes the story will change or the credibility of the witness will be questioned by jurors.
In any event, giving a deposition should result in Sever's release from jail.
Guymon said Severs claimed she fled Las Vegas early this year after she "was threatened because she did not want to cooperate with Donte Johnson and continue to lie on his behalf."
The prosecutor conceded that Severs had given contradictory stories to police and Clark County grand juries.
After implicating Johnson during her Sept. 15, 1998, grand jury testimony in the murders of four young men during an ill-conceived robbery, she attempted to recant the story.
Since her disappearance, two other defendants -- Sikia Smith, 19, and Terrell Cochise Young, 20 -- have been convicted of first-degree murder for their roles in the Aug. 14, 1998, quadruple slaying. Both men were sentenced to life in prison without the possibility of parole.
The four victims in the house on Terra Linda Avenue were Jeffrey Biddle, 19, Tracey Gorringe, 20, Matthew Mowen, 19, and Peter Talamantez, 17.
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