Murder appeal received too late

Friday, Aug. 27, 2004 | 8:49 a.m.

A former attorney convicted of killing his ex-wife had his request for a new trial denied on Thursday because his lawyer failed to file his appeal within seven days of his conviction as required by state law.

A Clark County jury on April 16 convicted Alfred "Chip" Centofanti III of first-degree murder in the shooting death of 25-year-old Virginia "Gina" Eisenman. The couple's divorce had become final just days before the slaying.

In rejecting the argument and denying the request from Centofanti's attorney, District Judge Donald Mosley said the "law clearly indicates a motion for a new trial, absent any new evidence, must be filed within seven days."

Centofanti's lawyer, Carmine Colluci, tried to argue that "there was no trial" because one of the jurors that ultimately decided Centofanti's fate was not selected properly.

Colluci said one of the jurors was convicted of a crime 20 years ago in Florida and her civil rights were never restored, which meant she "wasn't a juror." Colluci argued this added up to Centofanti being convicted by an 11-member jury, which violated his constitutional right to a jury of 12.

Deputy District Attorney Clark Peterson countered that under a 1975 law passed in Florida, once a person completes their probation they "automatically" had their civil rights restored and could serve as jurors and vote.

And, Peterson said, regardless of whether or not the juror in question had her rights restored, Colluci failed to file the request for a new trial within the seven days allotted by law.

Colluci said he would file an appeal on Mosley's ruling to the Nevada Supreme Court.

Centofanti is to be sentenced on Sept. 10.

Centofanti waived the penalty phase of his trial. The minimum sentence Centofanti could receive would be two consecutive terms of 20 to 50 years or life with the possibility of parole after 40 years, prosecutors said.