Supreme Court turns down appeal in O’Aces bar killing

Tuesday, July 11, 2000 | 10:07 a.m.

CARSON CITY -- The Nevada Supreme Court says a man convicted of first degree murder in Las Vegas should not be able to profit from his own misconduct at the District Court trial.

The court Monday dismissed the appeal of Ardis Londell Moore, who was sentenced to life in prison without the possibility of parole for the killing of a bartender in a botched robbery in Las Vegas.

Salvatori Zendano Jr., 25, of Las Vegas was killed after three armed men walked into the O'Aces Bar & Grill in northwest Las Vegas in May 1998.

Moore, through his lawyer, claimed District Judge John McGroarty should have granted a mistrial when he received information that Moore had contacted the husband of one of the jurors.

Moore reportedly called the husband and said he wanted the wife to stay on the jury because she was the only black on the jury. Moore is black.

The juror reported the contact to the judge, and she was excused for "health reasons."

The defense moved for a mistrial. McGroarty questioned the remaining jurors to see if they had been contacted. Each said they had not. The judge then denied the motion for the mistrial.

The Supreme Court said there was no evidence any of the other jurors had been illegally contacted, and there was no evidence any of them was tainted.

The court also added, "... We question whether a defendant would be entitled to a mistrial in these circumstances, when the grounds for it are predicated on the defendant's own misconduct."

The justices said both sides must be responsible for "professional conduct" during the trial.