Supreme Court rejects appeal of killer of four

Wednesday, July 17, 2002 | 9:17 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday dismissed the appeal of Richard E. Powell, convicted of killing four people in Las Vegas, including a police informant who arranged a drug deal with Powell after which he was arrested.

The court also ordered Powell's attorney, Deputy Special Public Defender Lee-Elizabeth McMahon, to show cause why she should not be punished for failing to follow the rules in filing her appeal briefs.

Powell was sentenced to life in prison without the possibility of parole for the killing of Samantha Scotti and three other people at her apartment in 1992. Vernell R. Evans was convicted in an earlier trial of the same killings and sentenced to death.

Scotti was working as a police informant in December 1990 and set up a drug transaction at which Powell was arrested. Police confiscated about 1 1/2 kilograms of cocaine, $29,800 in cash and Powell's 1982 Cadillac.

Court documents said Powell realized Scotti, 24, had set him up and made threats against her. Scotti and three others in the apartment were shot to death on May 1, 1992. Also killed were Lisa Boyer, 26, Jermaine Woods and Stephen Walker, both 19.

Police said the three others were visitors at Scotti's apartment when the killers arrived.

Two young children were at the apartment but were not harmed. One of the children made statements about the crime to a psychologist but was not available to testify at the Powell murder trial. The statements were permitted to be introduced into evidence.

Powell objected, challenging the trustworthiness of the child.

The court rejected the claim, saying among other things that the statements of the child were not that important to the prosecution. It said Powell made statements that incriminated him and that the prosecution's case was strong.

Powell also argued that the evidence of his earlier drug trafficking offense should not have been admitted into evidence. The court rejected that argument.

In dealing with Powell's attorney, the court said McMahon's brief contained a 15-page statement of fact but did not provide a single reference to the trial court record, as required.

She has three weeks to show the court why it should not punish her for violating the appeal rules that every fact must be backed up by a reference to the page of the transcript.