83-year-old man loses appeal

Friday, June 6, 2003 | 10:18 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- An 83-year-old Southern Nevada man sentenced to life in prison for killing his wife has lost his appeal to the Nevada Supreme Court.

Eldona Huston, 80, of Sandy Valley was on the telephone for 20 minutes with a 911 operator before she was shot to death by her husband of four years, Fred Huston, in September 2001.

Huston, who was sentenced to consecutive life terms, appealed to the Supreme Court, arguing there was error at the District Court trial in Las Vegas when the prosecution was allowed to question him about his love for his wife.

The court said that on the 911 tape recordings Eldona Huston could be heard telling her husband three times that she loved him. During the trial, prosecutors asked Fred Huston how many times he said he loved his wife. He told them he didn't remember. He contended in his appeal that the questioning was irrelevant and should not have been allowed.

But the state's highest court rule that he had failed to show how questions regarding the tape recording had substantially prejudiced the jury against him.