Supreme Court rejects appeal in LV killing

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Thursday, Feb. 12, 2004 | 8:52 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court on Wednesday affirmed the first-degree murder conviction of Robert Whitesell, sentenced to life in prison without the possibility of parole for slitting the throat of a 67-year-old woman in her home in Las Vegas in 2001.

Whitesell claimed in his appeal that his confession to a cellmate about the murder of Tiffany Averill should not have been admitted into evidence.

He claimed Stephen Patzig was placed in his cell as a government agent to get information about the crime and that his attorney was not present when he made the statements about the crime.

The court in the past has criticized the practice of law enforcement officials of placing inmates in cells to obtain a confession.

But the court said that was not an issue in this case. Patzig did not have any agreement with law enforcement officials, the court said.

Whitesell also argued there was insufficient evidence to support a first-degree murder conviction. The court rejected the argument.

A co-defendant Troy Schnabl was also convicted of first-degree murder and sentenced to life in prison without the possibility of parole. A third defendant, Ernest Valezquez, entered into a plea bargain and received a sentence of four to 10 years in prison.