Trial begins in man’s killing after night of club hopping

By Matt Pordum (contact)

Thursday, Aug. 12, 2004 | 9:05 a.m.

The death of a 40-year-old man after a night of drugs, alcohol and club hopping was not the case of a gay partier who went too far, but one of a "gruesome and horrific" murder of a man, a prosecutor said Wednesday.

Chief Deputy District Attorney Vicki Monroe underscored the difference during opening arguments in the murder trial of 35-year-old Daniel Wolff in the slaying of Riki Marotto in the early morning hours of Dec. 13, 2001.

Monroe told the jury that after Wolff met Marotto at a bar, Wolff went home with him and used a slab of marble to bash Marotto's head, covered Marotto's head with a plastic bag, choked him with an extension cord and stabbed him several times before leaving Marotto under the covers of his bed.

David Marotto didn't find his brother Riki's body until nine days later, after Marotto's mother became worried when she hadn't heard from her son.

David Marotto sat in court with his hands gripping the bench in front of him, looking away and fighting back tears as Monroe showed the images of his brother's body.

Monroe said that, after the slaying, Wolff stole Marotto's jewelry, Nissan Ultima, luggage, writing desk and birth certificate, among other things. He later pawned the jewelry at four different pawn shops in Las Vegas, Monroe alleged.

Monroe told jurors that the night before the murder the evening began innocently with Marotto going out to dinner with Bruce Butler, who was on vacation from San Diego. Monroe said Marotto and Butler met the night.

Monroe said Marotto was a successful businessman who owned hair salons in Miami and Dallas. He also was gay and HIV positive.

Although Monroe told the jury what she believed happened the rest of that night, Special Public Defender Bret Whipple did so with more detail. Both Monroe and Whipple agreed in principle what unfolded the night of the murder, but Whipple contends Wolff is innocent of robbing and killing Marotto.

According to Whipple, after dinner Marotto and Butler went to a bar named The Eagle on underwear night where, after midnight, anyone only wearing underwear gets free drinks.

Whipple said at The Eagle Marotto and Butler met two other people and Wolff. Marotto and Wolff had never met before, Whipple said.

Whipple said the group used methamphetamine, the illegal club drug GHB, marijuana and alcohol. At roughly 4 a.m. Dec. 13, 2001, the group drove Butler back to his room at the Stardust because he had to catch a flight in the morning. Marotto, Wolff, Conner and Monaco all went to a bar called Snicks at 1402 S. Third St.

Monroe alleged that after Snicks, Wolff went with Marotto to Marotto's home on the 5200 block of Alta Drive and robbed and killed him.

Key to Wolff's arrest was a friend's statements to police that after Marotto was slain, the friend's caller ID indicated that several calls came from Marotto's cell phone, Monroe said. The same friend also told police he saw Wolff after New Year's Eve driving a newer Nissan Ultima, similar to Marotto's car that was stolen and later recovered 1.7 miles from Wolff's home.

Police later recovered many of Marotto's missing items from Wolff's residence, along with pawn slips from several pawnshops in the area, Monroe said.

Although none of Wolff's fingerprints were found at Marotto's home, Monroe said Wolff's DNA was found on cigarettes at Marotto's home, in Marotto's car and on many of the stolen items.

Whipple, however, said the only person who knows what truly happened is Wolff, who will take the stand to tell the jury the true story.

Monroe said the true story shouldn't be expected from Wolff because Wolff twice lied to investigators. When Wolff first talked to police at the trailer park home at the 3000 block of Cabana Drive that he shared with his mother, Wolff told them that after leaving Snick's he accompanied Marotto to a bookstore. Wolff told the officers Marotto met another man there, and Wolff felt sick and took the bus home, according to Monroe.

In a statement later given to the police, Wolff said he went to Snick's with Marotto where they used some methamphetamine and GHB before heading to an adult bookstore. Wolff said he watched adult videos in a separate booth from Marotto. Wolff told police he then went directly home and slept until sundown.

Whipple said that after leaving Snick's, Wolff did go to Marotto's house, but said the prosecution had no case aside from Marotto being dead and Wolff having the jewelry, car and other items that belonged to Marotto.

Whipple said, "No outside person can tell you what happened to Riki. Only two people were there, and Daniel will take the stand and tell you what happened.

"For every action there is a reaction," Whipple said. "A reason behind everything. Nothing happens for no reason."

Whipple said homosexuality; the effect that marijuana, methamphetamine, GHB and alcohol have on the body and the AIDS virus; and the effects the virus had on the states of mind of Wolff and Marotto would all play big roles in the case.

"The issue (of AIDS) plays an important issue in this case," Whipple said. "Riki was HIV positive and Daniel Wolff was not. An expert will tell you how it's passed and how people respond to it. It will become important to find out how the issue of AIDS affected the state of mind of Riki and Daniel."