High court turns down death row inmate’s appeal

Angie Wagner

Monday, Nov. 27, 2000 | 4:35 a.m.

The U.S. Supreme Court on Monday turned down an appeal by a man on death row for the 1991 murder of a woman shot and set on fire in the desert near Las Vegas.

"We're always hoping they listen to what we have to say," said David Schieck, attorney for Robert Byford. "It's a disappointment. Certainly we thought there were some issues in Robert's case that we might get the federal court to look at."

Schieck said the appeal was based on what he thought was an error in jury instructions.

In February, the Nevada Supreme Court refused to grant Byford a third trial, rejecting numerous claims of courtroom errors in earlier trials for the murder of Monica Wilkins, 18.

Byford's case has been credited with tightening Nevada's death penalty standards.

Byford had claimed prosecutors went too far in showing jurors photographs of the crime scene and maggots, preserved in a jar of formaldehyde, that were found on the victim's body.

Justice Miriam Shearing used the Byford case to give all Nevada courts a new instruction for jurors when considering whether a murder is willful, deliberate and premeditated.

The new instruction says all three elements must be proved for a first-degree murder conviction - one that can result in a death sentence. Shearing said that without a clear standard the line between first- and second-degree murder is muddled.

Byford, who was 20 at the time of the crime, and Christopher Williams, who was 17, were found guilty in 1994 of the murder of Wilkins, but the Nevada Supreme Court overturned those convictions because of improper statements by prosecutors.

Both were convicted a second time. Byford got the death penalty, and Williams got a no-parole life term.

Byford and Williams testified that a third man, Todd Smith, killed the woman. Smith testified for the prosecution and was allowed to plead guilty to accessory to murder. He completed a two-year term.

Deputy District Attorney Christopher Lalli said the evidence was overwhelming.

Byford bragged about killing Wilkins and told others he "committed murder because he wanted to experience the death of another person," Lalli said.