Death penalty still hangs over double murder

Erica D. Johnson

Tuesday, Oct. 14, 2003 | 9:17 a.m.

A District Court judge on Monday refused to throw out the state's notice to seek the death penalty against a local R&B singer charged in a double homicide.

Alfonso "Slinkey" Blake, 33, faces two counts of murder with use of a deadly weapon in the shooting deaths of Sophear Choy, 19, and Priscilla Van Dine, 22.

He also faces one count of attempted murder with use of a deadly weapon in the shooting of Kim Choy, 23, who was wounded in the same incident.

Defense attorney Pete Christiansen had asked District Judge Sally Loehrer to toss out the state's notice to seek death, saying prosecutors had ignored "procedural due process time restraints" by not reserving the right to seek the death penalty against Blake at the Justice Court level.

Prior to January 2000, Christiansen said, prosecutors were required by law to give notice at the Justice Court Level. They are no longer required to do so.

Despite the new law, Christiansen said, prosecutors still routinely give notice to seek the death penalty at the Justice Court level but did not in the Blake case.

"In every other death case I've dealt with, they give notice to seek the death penalty," he said. "There's no rhyme or reason."

Chief Deputy District Attorneys Christopher Lalli and Robert Daskas argued that state law no longer requires prosecutors to give defense attorneys notice early on.

Loehrer agreed. "I appreciate the argument, but it's not the law," she told Christiansen.

Authorities allege Blake shot the women execution-style in a desert area in southwest Las Vegas as the four were moving furniture from Blake's home. Blake left town following the shooting.

Choy was released from the hospital, but prosecutors will not comment on whether she is in police custody. They have said that she is not in Las Vegas.

Christiansen had waived Blake's right to a preliminary hearing in Justice Court, which prevented prosecutors from preserving Choy's testimony for the pending trial.

Christiansen said Monday that his decision to go forward with the preliminary hearing may have been different had he known the state planned to seek the execution of his client.

Daskas, however, said be believed Christiansen still would have chosen to forgo the preliminary hearing for strategic reasons.

Daskas said Christiansen decided against the preliminary hearing because of his "unwillingness to preserve the testimony of the eyewitness."

"Let's call it what it is," Daskas said.

Christiansen had provided the court with signed affidavits from six public defenders who handle murder cases. Those lawyers said prosecutors routinely give notice to seek the death penalty at the Justice Court level, Christiansen said.

Blake's trial is scheduled for January.