Another appeal by freeway killer is turned down

Friday, Aug. 23, 2002 | 9:24 a.m.

CARSON CITY -- Kevin J. Lisle, sentenced to death for shooting a motorist on a Las Vegas freeway, has lost another appeal to the Nevada Supreme Court.

The court rejected Lisle's arguments that his trial attorney was ineffective for failing to object to statements made by the Clark County district attorney's office why Lisle should receive the death penalty.

Lisle complained about comments by the prosecutor in closing arguments that said Lisle's act "deserves the death penalty. There is no mitigation that can condone that."

The prosecutor also said, "This man has earned the death penalty for everything that he has done -- to impose anything less would be a grave injustice."

The court said the prosecutor "merely argued that a death sentence was appropriate in this case," and it refused to grant a new trial to Lisle.

Lisle and two other men were in a van on U.S. 95 on Oct. 22, 1994, when their vehicle approached a Mustang driven by Kip Logan. And an argument ensued.

The court said Lisle fired a .357-caliber Magnum from the van and the bullet shattered the window of the other car that was traveling at about 60 miles per hour. Logan was hit in the head and died.

Lisle has also been sentenced to death for the fatal shooting in August 1994 of Justin Lusch, 19, on a lonely road in northwest Las Vegas. Lusch was the son of the North Las Vegas police chief.

The court also rejected the appeals of:

Barrientos also said he should be granted a new trial because of the misconduct of three jurors who contaminated the other members. The court upheld District Judge Kathy Hardcastle, who denied a motion for a new trial. The court said the issue of innocence or guilt was not close, and Barrientos did not show he was prejudiced at trial.