High court rejects appeal by killer of elderly couple

Tuesday, Oct. 10, 2000 | 11:10 a.m.

CARSON CITY -- The Nevada Supreme Court Monday dismissed the appeal of convicted killer Antoine L. Williams, who complained his Las Vegas lawyer was ineffective.

Williams was convicted of seven felonies, including two counts of first-degree murder in the killing of 74-year-old William Nail and his 72-year-old wife, Alice, in September 1994. He was sentenced to death.

Williams, in his petition, said his attorney, Philip Kohn, improperly conceded his guilt during closing arguments of the trial.

According to court records, Kohn told the jury Williams was responsible for the crimes before the panel adjourned to consider the guilt or innocence of the defendant, but the attorney urged the jurors not to consider the issue of punishment at that time. And he said he would see them at the penalty hearing in 10 days.

Williams complained that Kohn not only conceded his guilt but also his guilt to first-degree murder by talking about a penalty hearing. A verdict of second-degree murder would not have required a penalty phase.

At a later hearing in District Court on the question of the attorney's competency, Kohn testified he discussed the strategy with Williams and noted there was an immense amount of evidence including a confession, Williams' fingerprints and DNA evidence that linked Williams to the crime scene.

The cord used to strangle the victims was traced to Williams' apartment, and a videotape showed Williams using the victims' ATM cards.

He said Williams agreed to the decision to concede guilt.

The court said Williams never offered any evidence suggesting he did not consent.

"We conclude that counsel's decision to concede guilt was made with Williams' consent and was reasonable trial strategy," the court said.

The court also rejected the claims by Williams that his trial and appellate attorneys were ineffective for failing to object to or challenge on appeal various remarks made by the prosecutors. And it struck down claims by Williams that he should not have been convicted of robbery or drug possession.

It also dismissed the claim that the death penalty is cruel and unusual under the U.S. and Nevada constitutions.