Court overturns murder conviction

Wednesday, Jan. 23, 2002 | 9:21 a.m.

CARSON CITY -- The Nevada Supreme Court in a 4-3 decision has overturned the first-degree murder conviction of a Washoe County man because he was improperly questioned by a detective.

The court on Tuesday ordered a new trial for Brandon D. Allan, sentenced to two life terms in connection with the October 1999 shooting of his girlfriend Kellie Von Urquidy Parry in Sun Valley.

After his arrest Allan was questioned for more than five hours by detective Larry Canfield, who began reading Allan his rights. The suspect then replied he didn't want to talk and requested a lawyer.

Canfield said he did not understand what Allan was saying because the suspect mumbled and garbled his words. Prior to his arrest Allan had used methamphetamine and amphetamine, police say.

Allan did talk, however, and apparently confessed to the crime.

The Supreme Court, in an opinion written by Justice Bob Rose, said the detective "used subtle forms of psychological persuasion" to keep Allan talking.

District Judge James Hardesty refused to allow the confession into evidence, but said it could be used to impeach Allan if he took the stand in his own defense.

Allan, on the advice of his lawyer, did not testify because of the threat that his statements could be used to contradict anything he said.

Rose wrote that had Allan testified that the outcome of the trial may have been different.

Allan, through his lawyer, maintained the shooting was accidental.