High court denies appeal of LV killer

Wednesday, Oct. 8, 2003 | 9:38 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday rejected the appeal of a man sentenced to death in 1989 for the hammer and knife slaying of a 71-year-old woman in Clark County.

In his latest petition for a writ of habeas corpus, Edward L. Beets said his trial attorney was ineffective more than 40 times. But the court said Beets failed to present any evidence to back up his claims.

Beets was convicted by a District Court jury, but the jury deadlocked on deciding a sentence. A three-judge panel was formed and gave him the death penalty.

Beets claimed his attorney on his first appeal failed to argue that it is unconstitutional for a three-judge panel to determine the death penalty. He referred to the 2002 U.S. Supreme Court ruling that juries, not judges must determine the penalty in capital punishment cases.

The Nevada court said it had already determined that the decision of the U.S. Supreme Court is not retroactive in instances where the person is challenging his conviction and sentence through a writ or "collateral review."

Beets was convicted of first-degree murder with use of a deadly weapon, attempted murder with the use of a deadly weapon, mayhem with use of a deadly weapon, first degree kidnapping with use of a deadly weapon, sexual assault with use of a deadly weapon, two counts of sexual assault with a minor and burglary.

He was convicted in August 1989 of trying to kill his ex-girlfriend, Vanita Hames, and sexually assaulting her 7-year-old daughter. The attacks came while Beets was on a furlough from the North Las Vegas jail to attend the funeral of a relative.

He was also convicted of the slaying of Oretha Hames, the mother of his former girlfriend.

In his most recent petition for a writ, Beets said his attorney failed to communicate with him before trial. The Supreme Court said, "The record shows that Beets refused to cooperate with counsel on most occasions."

"Moreover, despite Beets' lack of communication the record reflects that counsel adequately represented Beets at the guilt and penalty phases of his trial," the court said.

Beets also claims he was not sane at the time of the crime and his death sentence should be overturned. The court said this issue was never presented to the district court so it could not be presented on appeal. He said Beets should present that claim in a new petition.