High court rules for murder defendant

Wednesday, Dec. 18, 2002 | 9:45 a.m.

CARSON CITY -- The Nevada Supreme Court ruled Tuesday that Alfred P. Centofanti, a Las Vegas lawyer accused of killing his wife, does not have to turn over to prosecutors his notes and results of mental examinations prior to his trial.

The court also rejected a motion by the state to force Centofanti to submit to a sanity evaluation by doctors chosen by the prosecution.

Centofanti is accused of shooting his wife, Virginia, five to seven times on Dec. 20, 2000. The trial had been on hold awaiting the Supreme Court ruling on the Clark County district attorney's petition.

Centofanti provided the state with a list of witnesses he intended to call at his trial. It included three psychologists. The district attorney's office filed a motion to see all the notes, reports and tests made by the three.

District Judge Mark Gibbons had denied the request on grounds there were no written notes, reports or tests from these experts at the beginning of trial. Gibbons indicated that if Centofanti or a defense expert testified at trial, he would give the prosecution an opportunity at that time to review the data that the expert relied upon for the purposes of cross-examination.

The Supreme Court said Tuesday that if Centofanti's lawyers decide to pursue a defense based on his sanity, then it will be required to disclose any written notes, reports or tests from his experts when they are completed.

Centofanti so far has said he will not raise an insanity defense, the ruling said.

"Should he (Centofanti) fail to timely comply with his discovery obligations, the state may seek appropriate sanctions from the district court," the Supreme Court ruling said.

On the issue of requiring a mental examination, the court noted the U.S. Constitution protects an accused against compulsory submission to a psychiatric or psychological examination.