Killer wants insanity defense

Kim Smith

Wednesday, May 1, 2002 | 9:03 a.m.

A Las Vegas man who struck a bargain with prosecutors two years ago in the death of a local entertainer is trying to back out of his plea agreement.

John Flowers, 31, claims he was forced to plead guilty but mentally ill because the state didn't have an insanity defense in April 2000.

A recent Nevada Supreme Court decision, however, has reinstated the insanity defense and abolished the mentally ill statute.

As a result, Flowers, who is serving 25 years to life, told District Judge Michael Douglas Tuesday he wants the opportunity to prove to a jury he was insane at the time he killed Ginger Rios, 20.

People who pleaded guilty but mentally ill received the same sentence as those who pleaded guilty, but they were guaranteed that they would receive treatment in prison.

Rios, a singer and dancer, disappeared after walking into Flowers' Spy Craft bookstore on April 4, 1997, to buy a book on improving credit reports. Her husband of five months, Mark Hollinger, waited outside for her, but she never came out.

Four months later Flowers' wife led police to Rios' body in the desert outside Tucson. She told police her husband told her he killed Rios after she "got in his face."

Authorities believe Flowers is also responsible for the death of an unidentified woman found buried near Rios.

Chief Deputy District Attorney Ed Kane told Douglas that Flowers' defense attorneys are the ones who suggested allowing Flowers to plead guilty but mentally ill.

"In the spirit of accommodation, I said 'Yes,' " Kane said. "I have a theory that you pay for your sins in the next life and you pay for your good deeds in this life and this is certainly a good example of that."

One of Flowers' former public defenders, Will Ewing, testified he explained to Flowers at the beginning of the case that the insanity defense was unavailable.

Ewing said, however, that he explained to Flowers that he could present evidence about his mental health at trial in an attempt to show jurors he could not have formed the intent to kill Rios.

Douglas said he would render a decision next week after hearing testimony from another of Flowers' former attorneys. He said he has concerns Flowers is trying to manipulate the system, noting that at least one psychologist has accused Flowers of faking mental illness.