Brothers ID stepdad in murder-scene tape

Kim Smith

Wednesday, May 22, 2002 | 9:32 a.m.

The sons of a Las Vegas woman killed around Christmas 2000 told a District Court judge Tuesday that a figure seen sneaking into their mother's home on the morning she died was their stepfather.

Chief Deputy District Attorney Ed Kane said Damon Jaeger and Jason Jaeger testified during a hearing to determine if the security videotape that captured the figure can be admitted into evidence at Vitaly Zakouto's trial.

District Judge Jeffrey Sobel is expected to render his decision June 4, Kane said.

Kane said Marina Cannon, 49, was so frightened of Zakouto -- her estranged husband -- that she took out restraining orders against him and installed surveillance equipment in the home she shared with her father on Purple Shadow Avenue.

A videotape shot between 2:40 a.m. and 3:44 a.m. Dec. 23, 2000, is the most contentious piece of evidence.

On it, a man is seen climbing over a wall, pulling a screen off a window and crawling into Cannon's home. He is later seen coming out of the residence through a sliding glass door, looking at his hand and going back into the residence.

Cannon's sons testified they believe the man is Zakouto, based on his posture, body shape, gait and mannerisms.

Defense attorney William Terry argues that because the tape isn't continuous no one can determine anything about the figure's mannerisms and gait.

Terry has also noted that while there was a mask made of pantyhose later found in Zakouto's car, the person in the videotape was not wearing such an item. The person on the videotape wasn't wearing gloves either, yet Zakouto's prints weren't found in the house.

Terry argues that without the tape, the state doesn't have enough evidence to charge Zakouto with murder.

Zakouto, who remains in custody on immigration charges, is scheduled to go to trial Sept. 3.