Defense calls state’s case a house of cards in shooting, beating

Kim Smith

Tuesday, Oct. 15, 2002 | 9:51 a.m.

The case against John Steven Spisak is a slam dunk, defense attorney Chris Oram told jurors Monday. Until you take a closer look at the evidence against him.

Spisak, 42, is accused of beating and shooting his former girlfriend Diane Norte in the neck outside a Las Vegas Boulevard South bar in July 2001.

Norte survived despite spending five weeks in a coma. Spisak, an Oregon resident, is facing a charge of attempted murder with use of a deadly weapon. If convicted, Spisak could receive a four to 40-year sentence.

Oram, in his opening statement Monday, told jurors the state's eyewitness has some credibility issues. The witness, Larry Hayes, told the 911 operator he didn't see the attack, but he told the police he did. Hayes also described one of the weapons as a flexible baton, but then later changed it to a crowbar, Oram said.

Oram also said that despite a DNA analysis of dark, blood-like spots in Spisak's car and despite comparing bloody footprints at the scene to Spisak's shoes, there is no physical evidence linking him to the crime.

"Ladies and gentlemen, when you start to investigate this case, when you start to read this case and look at it closely, you'll find that the state's case is a house of cards," Oram said.

Deputy District Attorney Melissa Saragosa told jurors that the evidence clearly indicates Spisak's guilt.

Norte and Spisak lived together in Oregon for two years before Norte fled the abusive relationship and came to Las Vegas with only the clothes on her back, some toiletries and her purse, Saragosa said.

Over the next two years, Saragosa alleged, Spisak "stalked" Norte without her knowledge and on the evening of July 18, 2001, shot her with a gun outfitted with a silencer. He then beat her, Saragosa said.

Saragosa said Hayes saw the event and managed to copy down Spisak's Oregon license plate number. Hayes also identified Spisak as the attacker, she said.

Later, police discovered that Hayes had mailed a gun and silencer from an Oregon town to his home just five days after the attack, Saragosa said. Because the bullet is still in Norte's neck, however, no ballistic testing can be done.