Supreme Court rules against sex offender

Thursday, Jan. 3, 2002 | 9:39 a.m.

CARSON CITY -- The Nevada Supreme Court has upheld a state prison regulation that makes it tougher for those convicted of sex crimes to be eventually released from prison.

The court Tuesday rejected the appeal of James H. Bessette, convicted in August 1988 of sexually assaulting a woman. He received two consecutive life terms with the possibility of parole.

Bessette contested the prison regulation that allows an imate convicted of a sexual deviant offense to be paroled only after being cleared by a psychiatric panel that says he is not a menace to the health of others.

The panel ruled against Bessette, who had to be paroled ( in prison) to be eligible to begin his second life sentence.

The court turned down the Bessette's appeal, which said the prison regulation was in conflict with the law. The court said Bessette "was properly required to appear before a psychiatric panel for certification in order to be eligible for an institutional parole to his consecutive sentence."

It also said Bessette "has no cause of action to challenge the psychiatric panel's basis for not certifying him." Bessette complained the panel improperly denied approval because he refused to admit his guilt.

The court also turned down the appeals of two men serving life terms for first-degree murder convictions from Clark County.

Edward M. Parker entered a no-contest plea in Sept. 2, 1993, to avoid the possibility of a death sentence, the court said.

Parker claimed he was innocent of first-degree murder and argued that a co-defendant who went to trial was found guilty of second-degree murder.

Parker contended his attorney failed to advise him of his right to appeal his conviction -- a claim the court rejected.

The court also dismissed the appeal of Walter D. Morgan, who was found guilty of first-degree murder on July 21, 1989.

The court said Morgan filed his present petition eight years after the Supreme Court dismissed his first appeal. It said he missed the deadline for bringing the appeal.