Wrongly imprisoned man might still face brawl consequences

Kim Smith

Friday, May 12, 2000 | 10:48 a.m.

Should a man whose first-degree murder conviction was overturned have to serve extra time for a prison fight that took place while his case was on appeal?

That's a question District Judge John McGroarty must answer in the Carl Lee Martin case.

Martin was convicted of first-degree murder in the April 1992 deaths of Joseph Smith III and his wife, Vikki. He appealed the conviction, but in the meantime, while serving his life sentence, he got into an altercation with another inmate.

In July 1997, the Nevada Supreme Court overturned Martin's conviction and ordered a new trial. Rather than face another jury, however, Martin opted to plead guilty to two counts of second-degree murder, which carries a sentence of five years to life.

On Thursday, defense attorney Anthony Sgro asked McGroarty for a postponement of Martin's sentencing, saying he wanted additional time to research concurrent vs. consecutive sentences.

Sgro questioned whether it would be fair to make Martin serve six years after he finishes his five-to-life sentence when the Nevada Supreme Court ultimately decided he shouldn't have been in prison in the first place.

Sgro said he believes the six-year sentence in the prison fight should be served at the same time as the murder sentence. He noted that there is evidence the prison fight was a matter of self-defense.

Chief Deputy District Attorney L.J. O'Neal told McGroarty he wasn't going to take a position on the concurrent vs. consecutive issue.

McGroarty set a hearing date of May 25.

The Smiths were each shot three times in the head and jewelry and other belongings were stolen from their home.

The conviction of Martin's co-defendant, Ronald Ducksworth Jr., was upheld, but the Supreme Court overturned Martin's conviction, saying that his trial should have been separate from Ducksworth's.

Two of the people who testified during Martin and Ducksworth's trial said Ducksworth told them he wasn't alone during the crime and the Supreme Court said that since the defendants were being tried together the jury may have unfairly assumed the witnesses were referring to Martin.

Kim Smith covers courts for the Sun. She can be reached at (702) 259-2321 or by e-mail at kimberly@lasvegassun.com.