New trial denied in killing of couple near Sunrise Mountain

Tuesday, Dec. 21, 2004 | 10:46 a.m.

A man sentenced to death for the so-called thrill kill slayings of a teenage couple in Las Vegas in September 1994 had his motion for a new trial denied by District Judge Donald Mosley on Monday.

Travers Greene was convicted of killing Deborah Michelle Farris and her fiance, Christopher True Payton, while the couple were camping near Sunrise Mountain in September 1994.

Travers Greene's lawyer, Karen Connolly, argued that Greene's trial attorney, current Special Public Defender David Schieck, should have known that Greene was taking anti-psychotic drugs during his trial.

Connolly said the drugs could have had an effect on Greene's "demeanor and attitude" when he testified at the trial, which could have unduly biased the jury against Greene.

She argued that a hearing should have been conducted at which a doctor could have testified about the possible effects of the medication that Greene was taking.

Connolly said Schieck never even inquired about what mental illness Greene suffered from or what kind of medication he was taking.

Mosley rejected the argument saying Schieck testified at an evidentiary hearing in June 2002 that he knew Greene was on medication but told then District Judge Gene Porter "he didn't want him taking them. "

The judge also said the trial record was "devoid" of any suggestion that Greene was unable to conduct himself at trial or displayed unusual emotions during the trial that could have affected the jury.

"No one mentioned anything about the defendant's (Greene's) demeanor and now snine years later we're speculating about it," Mosley said.

Mosley said Schieck made it clear in his testimony that there were "no mental issues, no reason to believe he (Greene) was mentally incompetent or unable to assist" him during trial.

Deputy District Attorney Leon Simon said there was nothing to suggest that Schieck was not "reasonably effective" in his defense of Greene. Simon said Greene was entitled to a fair trial, not " a perfect one."

Mosley applauded Connolly's argument, but agreed with Simon saying the motion was the equivalent of second-guessing Schieck's strategy and failed to show that Schieck had been ineffective.

Prosecutors said the victims were sleeping next to their car on Sunrise Mountain when Greene and Leonard Winfrey saw them. Payton, 19, was shot in the face with an assault rifle and Farris, 18, was then shot as she begged for her life.