Killer gets new penalty hearing

Tuesday, Dec. 30, 2003 | 11:33 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court today granted a new penalty hearing for a man who had been sentenced to death for killing a convenience store clerk during a robbery in Las Vegas in 1988.

The 4-2 Supreme Court decision found that the Clark County district attorney's office had not turned over evidence to the defense that might have persuaded the jury to spare the life of Edward G. Bennett.

Chief Justice Deborah Agosti, who wrote the majority ruling, also said that one of the aggravating circumstances used to justify the death penalty was invalid.

The ruling upholds District Judge John McGroarty, who agreed that Bennett was entitled to a new penalty hearing.

Bennett and his accomplice, Joseph Beeson, were robbing a Stop N' Go Market in Februry 1988 when Bennett, who was 18 at the time of the killing, shot Michelle Moore, a 21-year-old newlywed. Beeson, who has since died, wounded a customer who ran from the store.

The jury convicted Bennett of murder and found four aggravating circumstances outweighed three mitigating circumstances and imposed the death penalty.

The Supreme Court said one of the aggravating circumstances was that the murder was committed at random and without apparent motive.

Agosti said there "is insufficient (evidence) to prove that the murder was committed at random and without apparent motive. The motive was clear: It was to complete the robbery and leave no witnesses, Agosti said.

The prosecution had presented testimony from an individual who talked to Bennett after the crime that Bennett bragged about being on a killing spree.

The Supreme Court found the prosecution had not supplied evidence to the defense that would have helped its case in the penalty hearing.

The ruling noted that there was a jailhouse informant who told authorities that Beeson was the mastermind of the crime and had convinced Bennett to do the killing.

Agosti said "a reasonable probability exists that a jury would not have imposed a penalty of death had it been able to consider this evidence. This is particularly so when we consider that, as well, the jury relied upon an aggravator which was improper."

The court also said the prosecution failed to inform the defense of Beeson's juvenile records in Colorado and also that one of the witnesses for the state had been paid for his information.

Agreeing with Agosti were Justices Bob Rose, Myron Leavitt and Bill Maupin.

Justices Mark Gibbons and Nancy Becker wrote separate dissenting opinions, both saying they would have upheld the death penalty for Bennett.

Gibbons said substantial evidence supported the "at random and without apparent motive aggravator ..." He said Bennett intended to go on a killing spree in addition to a robbery spree."

Becker said, "Without any communication, Bennett simply pulled out a .45-caliber handgun and shot Michelle Moore in the face. I cannot find a reason for this murder that is obvious or easily understood."

Beeson had received a life term in prison without parole and subsequently died.