Lawyer: Dismiss case in Christmastime murder

Kim Smith

Tuesday, June 12, 2001 | 10:22 a.m.

A defense attorney for a Las Vegas man charged with murder and 17 other crimes in the Christmastime slaying of his wife hopes to have the case dismissed based on inconsistencies in a video that is a key piece of evidence.P> Prosecutors maintain Vitaly Zakouto, 52, stalked his estranged wife for months before climbing into her father's kitchen window in the middle of the night Dec. 23 and shooting and stabbing her to death.

Marina Cannon, 49, was reportedly so frightened of her estranged husband, prosecutors say, that she took out restraining orders against him and installed surveillance equipment in the home she shared with her father, on Purple Shadow Avenue.

A videotape shot between 2:40 a.m. and 3:44 a.m. Dec. 23 is the most contentious piece of evidence.

On it, a man is seen climbing over a wall, pulling a screen off a window and crawling into Cannon's home. He is later seen coming out of the residence through a sliding glass door, looking at his hand and going back into the residence.

Cannon's son, Jason Jaeger, testified at Zakouto's preliminary hearing in February that he believes the man on the tape is Zakouto because of the man's posture, body shape and gait. He also said he recognized the way Zakouto puts his hands in his pockets.

Defense attorney Bill Terry, however, intends to argue that the tape is not a continuous moving tape and therefore doesn't show the suspect walking. Nor does it show him putting his hands in his pockets or the suspect thrusting his abdomen the way Zakouto reportedly does.

Moreover, Terry notes that while there was a mask made of pantyhose later found in Zakouto's car, the person in the videotape was not wearing such an item. The person on the videotape wasn't wearing gloves either, yet Zakouto's prints weren't found in the house. Terry argues that without the tape, the state doesn't have enough evidence to charge Zakouto with murder.

District Judge Jeffrey Sobel will decide Aug. 2 whether to dismiss the charge based on Terry's argument.

Prosecutors allege Zakouto shot Cannon twice, with the fatal bullet entering her neck and going through her spinal column. She also suffered several shallow stab wounds to her abdomen and facial bruising.

There was evidence at the preliminary hearing that Zakouto had violated the restraining order taken out by Cannon several times and that he was upset to learn on Dec. 21 that he had to share a $14,900 car insurance claim with her.

Zakouto's trial is set for Oct. 22.