Killer’s case might go to Supreme Court

Kim Smith

Wednesday, Aug. 21, 2002 | 9:39 a.m.

Convicted killer John Butler a hasn't even been sentenced yet, but his case may soon be sent to the U.S. Supreme Court.

Defense attorney Joseph Sciscento said Tuesday that he plans to file a writ with the nation's high court asking it to overturn a May Nevada Supreme Court decision in his client's case.

Butler was convicted and sentenced to die by a jury last year in the July 1998 slayings of Daniel Shersty, 21, and Lin "Spit" Newborn, 24. However, before Butler was formally sentenced by District Judge Michael Douglas, Sciscento learned that prosecutors had failed to tell him that a key witness in the case pulled them aside and told them that an audience member had played a role in the slayings.

Sciscento argued that had he known about the identification he could have proven the girl was mistaken or lying. Had her entire testimony come into question, Sciscento said the jurors may have voted to spare Butler's life.

Douglas agreed with Sciscento and said a new sentencing phase should commence.

The prosecutors on the case appealed Douglas' decision to the Nevada Supreme Court, which ultimately ruled the prosecutors' failure to provide the information was "harmless error" and didn't go toward Butler's guilt or innocence.

Sciscento has until Oct. 17 to file his writ.

"There's a statute that is specifically on point that says if they have information or new evidence they must notify the defense or the judge on the case," Sciscento said.

The U.S. Supreme Court may not even look at the case, said Chief Deputy District Attorney Christopher Laurent.

"The likelihood of that happening is probably pretty small" because justices traditionally only look at cases that involve significant constitutional issues, Laurent said.

Laurent said he is confident Butler's conviction and sentence will withstand the scrutiny of the U.S. Supreme Court, should the justices look at the case.

If the U.S. Supreme Court decides not to look at the case or uphold the Nevada Supreme Court's decision, Butler will be sentenced and his direct appeal will begin, Laurent said.