New trial sought in killing of UNR police sergeant

Sandra Chereb

Friday, Feb. 9, 2001 | 9:09 a.m.

CARSON CITY -- A man convicted and condemned to die for killing a campus police officer in Reno was wrongfully denied his right to represent himself at trial, his attorney told the Nevada Supreme Court on Thursday.

John Petty, Washoe County deputy public defender, said Siaosi Vanisi is entitled to a new trial because he was not allowed to represent himself in 1999 when he was tried for the hatchet slaying of University of Nevada, Reno Police Sgt. George Sullivan.

Petty argued that after a lengthy canvassing of Vanisi by the judge, the defendant and his lawyer as well as prosecutors all agreed there was no reason Vanisi could not represent himself.

But the trial judge, District Judge Connie Steinheimer of Washoe County, rejected Vanisi's request, ruling that it was a complex case and that allowing Vanisi to defend himself would delay the case and be disruptive to the proceedings.

The U.S. Supreme Court has held defendants have a constitutional right to act as their own lawyer provided it does not disrupt the court and there is no delay in the proceedings.

Petty argued that Vanisi's behavior in court was in no way disruptive and that he assured the judge at an Aug. 10, 1999 hearing that he'd be prepared for trial the next month.

"He was ready to go," Petty said. "He did not request a continuance."

Terry McCarthy, Washoe County deputy district attorney, countered that Steinheimer justified her ruling by noting incidents of violent behavior in prison and Vanisi's rocking back and forth and talking loudly to himself in the courtroom.

"Mr. Vanisi had demonstrated he was extremely unstable in the courtroom," he said.

Some of the justices, however, questioned that claim.

Justice Bob Rose referred to court records that showed prosecutors did not object to Vanisi's rocking motion.

McCarthy also argued Vanisi, 30, accepted a lawyer during his first trial -- which ended in a mistrial five days after it began because of an error in a transcript -- but gave no justification for his change of heart before his second trial began nine months later.

That drew questioning from Justice Deborah Agosti, who asked, "Are you saying he's precluded from representing himself if initially he wanted a lawyer?"

McCarthy said it wouldn't foreclose Vanisi from doing so, but argued he "must show some cause."

Justice Cliff Young wondered whether allowing Vanisi to represent himself would open the door for expensive, ongoing legal appeals.

"I can see a real danger," he said, voicing the possibility that if Vanisi were granted a new trial, allowed to represent himself and subsequently convicted, the public defender's office would argue on appeal that he wasn't competent.

"This could go on forever," he said.