Condemned inmate wins reversal in murder of Reno judge’s son

Brendan Riley

Friday, Jan. 28, 2000 | 9:38 a.m.

CARSON CITY - Jack Mazzan's death sentence for the drug-related murder of a Reno judge's son in 1978 was canceled Thursday by the Nevada Supreme Court because prosecutors withheld crucial evidence in the case.

Mazzan's lawyers were jubilant about the unanimous decision. One, Tim O'Toole, said, "If the state of Nevada had its way, Jack Mazzan would be dead today."

"This was 20 years on death row for an innocent man," O'Toole added. "Anyone who talks about speeding up the appeals process needs to read this opinion first, because we'd be executing some innocent folks."

O'Toole said Mazzan, 53, was told of the decision "and he's really grateful that justice was done. He's waiting for it to be completely done so he can go home to see his mother."

The ruling returns the case to Washoe District Court - where defense lawyers could move to block a retrial by arguing Mazzan's conviction was unfair in the first place and evidence he'd need now for an adequate defense is "stale."

While overturning Mazzan's murder conviction, the Supreme Court didn't grant a defense request to prevent a retrial at this point. But justices stated Mazzan's lawyers could make the "unfairness" argument should the district attorney's office try to revive the old case.

In oral arguments last fall, the Washoe County district attorney's office insisted that Mazzan's trial lawyer got information on the questioning of other suspects in the stabbing death of Richard Minor Jr.

But defense lawyers said they didn't get a full police report on two out-of-state drug dealers with an apparent motive to kill Minor.

Mazzan lawyer JoNell Thomas said the files surfaced only a few years ago in response to a subpoena from the state public defender's office.

"The evidence in the police reports provided support for Mazzan's defense that someone else murdered Minor because of his drug dealing," the Supreme Court said. "It also provided a basis to impeach the thoroughness of the state's investigation of the crime."

"We conclude that the evidence was material and the failure to disclose it undermines confidence in the outcome of the trial."

Justices Bill Maupin and Cliff Young went along with the ruling, but said another trial should be held.

"Many of the decisions by these prosecutors, while arguably subject to some criticism in hindsight, were most likely born of a true belief in the validity of the original charges," Maupin wrote.

Minor's body was found in his apartment by his father, Richard C. Minor, a justice of the peace at the time and later a district court judge.

Mazzan insisted he had stayed at Minor's apartment the night of the murder because his car wouldn't start, and awoke to see two men who he couldn't identify leave the apartment following the killing.

Defense witnesses at Mazzan's trial testified Minor had been involved in marijuana trafficking and was feared for his safety because of a drug deal gone bad.