Death penalty of Las Vegas man overturned

Monday, Nov. 3, 2003 | 11:23 a.m.

CARSON CITY -- The Nevada Supreme Court today overturned the conviction of Dorion Daniel, sentenced to death for the fatal shooting of two men and the wounding of two others in a Las Vegas apartment in July 1997.

Daniel was convicted of first-degree murder for killing Frederick Washington and Mark Payne, two counts of attempted murder for shooting and wounding Terhain Woods and Antione Hall and one count of burglary, but the jury deadlocked over the penalty. A three-judge panel imposed two death sentences.

In overturning the conviction, the Supreme Court, in a unanimous decision written by Chief Justice Deborah Agosti, said a number of errors occurred at the trial before District Judge Donald Mosley.

The prosecution presented evidence that suggested Daniel may have shot Washington because he was involved in the murder of his friend John L. Davis. There was also evidence that there was an argument over $10 in an attempt by Daniel to buy drugs.

The state also presented evidence that suggested Daniel was angry the day after the shooting and showed up at the hospital, trying to get to Woods and Hall.

Daniel said he acted in self-defense. He testified that Washington, Woods and Hall all had reputations of being violent. He said that Woods claimed to have shot and killed four people and he said he saw Woods beat up one police officer.

Daniel said he knew Washington had killed his friend Davis. A footnote in the Supreme Court decision said that testimony at the trial showed police had not identified Washington as a suspect in the Davis shooting.

Agosti said Mosley committed errors in meeting privately with a prosecution witness without making a record of the meeting and in answering questions from the jury without notifying counsel and without making a record of the answers given.

The Supreme Court said there were errors in allowing questioning about the Daniel's prior arrests and in limiting evidence about the violent character of the victims. The court also said Mosley was wrong in not allowing questioning of a juror about possible prejudice against Daniel.

The court ordered a new trial "due to the quantity and character of this cumulative error and the gravity of the crime charged and the penalty sought."

The Supreme Court said the failure to provide an adequate record "triggers possible due process clause violations. A capital defendant therefore has a right to have proceedings reported and transcribed."

That alone was not enough to overturn the conviction but added to the other errors merited a new trial, the court said.

The prosecution questioned Daniel about his prior arrests for battery, five counts of attempted murder, obstructing a police officer, false imprisonment, battery and first-degree kidnapping. The defense presented evidence that he was not prosecuted for any of these arrests.

Mosley refused to allow Daniel to present evidence on the circumstances of the arrests and the reasons prosecutions were not pursued.

The Supreme Court said the district judge "erred in permitting the state to cross-examine appellant on mere arrests. The district court compounded the error when it refused to allow appellant (Daniel) to present evidence on the circumstances of the arrest and why no prosecutions were pursued."