Court orders hearing for death row inmate

Friday, Dec. 3, 2004 | 9:49 a.m.

CARSON CITY -- The Nevada Supreme Court Thursday ordered a hearing in District Court in the case of death row inmate Jimmy T. Kirksey, who pleaded guilty to the 1988 fatal beating of a reputed pimp in Las Vegas.

Kirksey claims he is mentally retarded and should not be put to death for the killing of Michael A. Fox in the Del Mar motel on Las Vegas Boulevard South. The two got into an argument over a prostitute.

Kirksey, who has admitted to two killings in California, pleaded guilty to the murder, and a three-judge panel sentenced him to death.

The Supreme Court said District Judge Lee Gates should conduct a hearing to determine if the person is mentally retarded. If he is, then the death penalty should be set aside and a new penalty hearing held.

The court also said Gates should conduct a hearing to determine a claim by Kirksey, now 43, that former District Judge Jack Lehman, who considered his case initially, was prejudiced against him.

Before Kirksey pleaded guilty, he was examined by two psychiatrists to determine his competency. The two disagreed whether Kirksey was competent to stand trial.

Lehman said he would contact Dr. Franklin Master, a psychiatrist, for a third opinion. Master's report said Kirksey was competent and it was distributed to attorneys for both sides.

Kirksey says the Master's report may have been prepared by Lehman and, therefore, shows prejudice. He said the report was not on Master's letterhead and it actually misspelled the name of the psychiatrist.

Masters in 2001 testified it was "quite possible" that the document was prepared by Lehman and he signed it.

In another opinion, the court rejected the appeal of Samuel Howard, sentenced to death for the killing of Las Vegas dentist George Monahan while going for a test ride in the man's van in March 1980.

The court upheld District Judge Jackie Glass, who denied the petition for a writ of habeas corpus sought by Howard. The court said the issues cited in the present petition had been raised previously.

In a third murder case, the court upheld the conviction of Paulette Perry, 37, found guilty of the first-degree murder of David Sygnarski in a guest room at the Maxim hotel in Las Vegas in April 2001.

Perry, through her lawyers, says a new trial should be granted on grounds that District Judge John McGroarty improperly admitted prior bad act testimony, character evidence and a victim impact testimony during the guilt phase of her trial.

The court said, "Overwhelming evidence supports the jury's verdict in this case and Perry establishes no error warranting reversal."

Perry and Kenneth Grant, who stabbed the victim, were sentenced to consecutive life terms without the possibility of parole.