Appeals from two killers are denied

Monday, Oct. 18, 2004 | 9:38 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- Two convicted murderers from Las Vegas, each sentenced to life in prison without the possibility of parole, have lost their appeals to the Nevada Supreme Court.

The court Friday rejected the petitions for writs of habeas corpus from Robin McGinness and Richard Barrientos Jr.

McGinness was convicted of first-degree murder in the shooting death of Henry Doepke in March 1999. McGinness owed $1,500 to Doepke, whose skeleton was found near Mesquite off Interstate 15.

McGinness said in his appeal petition that his lawyer had been ineffective in more than 20 instances in such things as failing to hire experts to testify for the defense, failing to adequately question jurors and failing to adequately question witnesses at the trial.

The court rejected all the claims by McGinness who was sentenced to four consecutive life terms without parole for the kidnapping, murder and use of a deadly weapon.

Barrientos was convicted of first-degree murder in February 2000 in the death of Gary Linzy in September 1996. He was also convicted of attempted murder for shooting Antonio Figueroa for which he received a nine- to 40-year prison term.

Prosecutors said Barrientos and two other gang members came across the two victims in a parking lot and opened fire on them because of a past altercation.

Barrientos claimed his trial attorney was ineffective for failing to move for a mistrial when juror misconduct was discovered. He also said that prior to jury deliberations, a number of jurors saw Barrientos' name on the morning calendar of another judge's department in the courthouse. He said the jurors could have inferred that he had other criminal cases pending against him.

He said his lawyer failed to question the jurors or ask for a mistrial.

The court rejected that argument and also one that the lawyer was ineffective because he called only two witnesses for the defense.