Prosecutors didn’t seek death in Carno case

Erica D. Johnson

Friday, Jan. 30, 2004 | 9:41 a.m.

Prosecutors had not planned to argue for the execution of the sister and brother pair convicted in a murder-for-hire scheme.

Chief Deputy District Attorneys David Schwartz and Chris Owens said they instead were planning to urge jurors to sentence Susanne Carno and her brother, John Ray, to life in prison without parole when the pair took a deal that will make each eligible for parole after 40 years.

The prosecutors made the decision after speaking to District Attorney David Roger and the family members of 36-year-old Richard Carno, Carno's husband, whom the siblings killed, Schwartz said Thursday.

"We didn't feel comfortable arguing for the death penalty. The (Ray) family has been crushed already," Schwartz said. "The ripple effect of what the defendants did to both of these families is mind-boggling."

Carno, 35, and Ray, 38, could have been given the death penalty by the jury that convicted them on Wednesday. The decision was taken out of the jury's hands, however, when the siblings entered into what is known as a sentencing negotiation with prosecutors.

Carno and Ray will each receive two consecutive life prison sentences. Parole will be possible after 40 years. In exchange the siblings agreed that they would not appeal the case. They will be formally sentenced on March 11.

The pair took the deal moments before the penalty phase of their capital murder trial was to begin before District Judge Joseph Bonaventure. During that portion of the trial, prosecutors present evidence and jurors decide on a punishment.

Richard Carno's family members, who had packed the rows of Bonaventure's courtroom each day of the weeklong trial, said they were happy with the outcome.

"I feel absolutely wonderful. I feel relieved," Richard Carno's mother, Mary Ellen Hodder, said. "Two horrible long years have come to a close. Now my son can rest in peace and so can I."

Richard Carno's father, also named Richard, agreed, saying the siblings' waiver of any appeal rights was the most important part of the deal.

"I totally agree with it," he said. "They can't get out now. I'll be over 100 years old before they can ever get out."

Defense attorneys representing Ray and Carno said they also were pleased with the outcome of the case and said they believed the agreement was in the best interest of their clients.

Carno's attorney, Deputy Special Public Defender Alzora Jackson, said her client maintains her innocence. Carno cried as she left the courtroom Thursday in handcuffs.

"It's absolutely not an admission of guilt," Jackson said. "It was a concession to what the jury had already found."

Ray's attorney, Deputy Public Defender Joseph Abood, said his client entered into the agreement to avoid taking a gamble and getting a potentially harsher sentence.

"This jury, at a minimum, would have sentenced him to life in prison without the possibility of parole," he said. "It was time to cut our losses."

Even if Ray was successful on appeal, Abood said, he still would face another trial in which he could potentially be convicted a second time.

Richard Carno was found dead in his car on Jan. 31, 2002, near a trailer park in northeast Las Vegas. Authorities say Carno arranged the plot in order to collect on a $500,000 life insurance policy.

Schwartz said he was planning to ask the insurance company if some of the money stemming from the settlement could be given to the three children the couple was raising.

Richard Carno and Susanne Carno had no children together but they each had a child from a previous relationship. The couple had also adopted a baby boy, who is now 3 years old.

Hodder said she was planning to speak to a lawyer Thursday afternoon regarding the custody of Richard's 12-year-old son. She said the adopted child would likely remain with Carno's family because of his young age.

"This is a no-win situation for both families," Hodder said.