Missing report stalls sentencing of killer

Erica D. Johnson

Wednesday, July 30, 2003 | 11:29 a.m.

A missing report from the Department of Parole and Probation caused a sentencing for a double murderer to be delayed Tuesday, raising concerns about whether understaffing and budget problems in the state office are contributing to a backlog of criminal cases.

William Rundle, 57, was scheduled to be sentenced to life in prison without parole in the first-degree murders of his wife, Shirley, 63, and his 82-year-old mother, Willa Rundle, who has been missing since 1997.

But the sentencing was postponed at the last minute because the Department of Parole and Probation had not submitted to the court a pre-sentencing investigation report.

Department officials compile the report, which details the defendant's criminal and social history, after interviewing the defendant.

District Judge Michael Cherry said Parole and Probation officials had not interviewed Rundle yet, noting that the office was "overworked and understaffed."

Cherry told a courtroom packed with family members and spectators that a "glitch in the system" prevented him from sentencing Rundle because a judge must have the report before sending a felon to prison.

Chief Deputy District Attorney Chris Owens, who prosecuted Rundle's case, said the hold up with the Department of Parole and Probation was partly due to "cutbacks on money as a result of the financial situation statewide."

But Ed Henderson, the Parole and Probation district administrator, said the department never received Rundle's file from prosecutors, as is required before the pre-sentencing investigation can begin.

Henderson said the department is working with prosecutors to ensure that both sides have access to files without slowing down the sentencing process.

"It happens quite often," he said. "The receipt of the district attorney's file is what starts our process. We have to work out some kind of system so that this doesn't happen again."

But some say delays such as the one in Rundle's case are all too common in Clark County's court system, which is already overloaded with cases and sees packed courtrooms on a daily basis.

Henderson said insufficient staffing and a steady flood of cases is to blame for most postponements. From July 2002 to June 2003 the office prepared 10,641 pre-sentencing reports, department officials say.

The department has prepared 5,292 reports in the last five months alone. State law requires all defendants charged with felonies to have a pre-sentencing report.

"It becomes almost an impossible situation to handle them all," Henderson said. "It becomes almost like an assembly line. You get finished with a couple of cases and you get five more assigned."

Henderson said the office has only 38 employees to process hundreds of reports each month and the recent statewide hiring freeze had prevented officials from adding more help.

At the conclusion of the recent legislative session, the department was cleared to hire five more employees to help with the shortfall, he said, but it could take months for those positions to be filled.

While probation officers are generally assigned one case each day, the sheer volume of cases has forced some to handle more than three times that, he said.

"Some employees have been assigned seven or eight investigations in a week, plus they have to attend court three to five times a week," he said. "That becomes quite a lot."

District Attorney David Roger said while he would not describe the situation as a "backlog," the difficulty of Parole and Probation to process the investigations often affects the flow of cases.

"The Department of Parole and Probation is suffering the same budgetary woes that every other governmental agency is experiencing these days," he said.

As a result, the department is sometimes forced to postpone cases as well as make corrections to ensure that the court has accurate information about the defendant, Roger said.

"Unfortunately we don't always the see same quality of work we've grown to enjoy in the past," he said. "In the end I believe the department does a good job in light of the budgetary shortfall they are experiencing."

Henderson said the shortfall can cause problems for everyone involved in the case.

"When we end up in a situation where can't get the PSI (pre-sentencing investigation) report done we're forced to request a continuance," he said. "It's an inconvenience to the offender and to the court system."

Defense attorneys in the Rundle case said postponements prevent the defendant and family members from gaining closure. "I think it's inexcusable," Deputy Public Defender Curtis Brown said. "Occasionally there are legitimate reasons why cases get lost in the system. But a lot of people are waiting to get this over with."

Tuesday marked the second time Rundle's case was postponed. It was postponed earlier this month due to scheduling conflicts with attorneys.

Rundle will remain in the Clark County Detention Center until he is sentenced on Sept. 11, Deputy Public Defender Nancy Lemcke said. At that time he will be transferred to the Nevada State Prison system.

Lemcke said Rundle had been hoping that Tuesday would be his final court appearance.

"He's very disappointed," she said.

Had the department interviewed Rundle, Cherry would have been able to refer to a detailed investigative report prior to handing down the sentence.

The report outlines the defendant's criminal background, social and family history, work history and evidence of mental health problems or substance abuse.

Officials are usually given about 30 days to complete the investigation, Henderson said.

The report also contains recommendations for sentencing and restitution. It is up to the judge to follow or reject the department's recommendation.

In Rundle's case, Cherry was expected to hand down the life sentence agreed upon by prosecutors and defense attorneys in plea negotiations.