Murderer wants items seized by police returned

Erica D. Johnson

Tuesday, June 24, 2003 | 11:11 a.m.

Convicted double murderer Timmy "T.J." Weber wants a court to return dozens of items seized by Metro Police, including baseball bats and a football jersey prosecutors say he wore during the slayings.

It was not clear if either of the bats Weber is asking to be returned is the one he used to attack Gautier's surviving son, Chris, and his guardian when the two returned to the family's home after the slayings.

In a motion filed last week, Weber asks District Judge Joseph Bonaventure for the return of 49 items police took while investigating the April 2002 slayings of Kim Gautier, 38, and her 15-year-old son, Anthony.

Weber, who was sentenced to death, is asking for two baseball bats, a Gateway computer, a knife, a meat fork, white rope, two electrical extension cords, a pair of gloves, a box cutter and a skateboard.

A hearing set for this morning was postponed until July 16 to give the Clark County District Attorney's office time to respond.

District Attorney David Roger said this morning that prosecutors "do not agree to return incriminating evidence to convicted killers."

Roger said there may be items not linked to the crime that could be returned but noted that "obviously there are some things he's not allowed to possess while in prison, such as a baseball bat or a knife."

Ron Cornell, founder of Families of Murder Victims, was outraged at Weber's request.

"You can't print what I have to say," he told the Sun this morning. "Where is he coming from? This man is sitting on death row. His rights are no longer valid. His only rights are his rights for an appeal."

Cornell's 16-year-old son was shot to death in 1998. The teen's alleged killer, Gonzalo Villalobos, is scheduled to stand trial on murder charges in October.

"Weber can have his stuff back when the (Gautier children) get their mother and brother back," he said.

Roger said the evidence that was introduced during the trial is kept in the Clark County Clerk's office for the duration of the litigation. If the case is appealed and a retrial is granted, he said, the evidence is used again at trial.

Weber's attorney, Deputy Public Defender Joseph Abood said "many of the items were items that were introduced as evidence, but as far as we're concerned, the case is done."

Abood said he hopes to reach a compromise with prosecutors as to which items could be returned. He said Weber wouldn't be getting the material and that he doesn't anticipate a need for the items in the future.

"Once there is no more evidentiary value, our argument is these items belong to the (defendant's) family," Abood said this morning.

Cornell said the items should be auctioned off and the proceeds given to the victims' family members for restitution.

"We're the ones that suffer the loss, not only physically but financially," he said. "Put Weber to death and give his family his remains."

Weber, 29, was sentenced to death for the torture and murder of Anthony Gautier and life in prison without the possibility of parole for Kim Gautier's killing.

Weber was convicted on an attempted murder charge in the attack on Gautier's son and his guardian.

Other items requested in the document include a Sanyo cell phone and charger, multiple CD-ROMs, shoes, towels, a pair of binoculars and other items of clothing.

"If that property is not promptly returned, said property could be lost," Abood stated in the motion.