Defendant: Drug, rape led to killing

By Matt Pordum (contact)

Thursday, Sept. 2, 2004 | 9:31 a.m.

The lawyer representing a 35-year-old man on trial for murder and robbery said Wednesday that, when the killing occurred, his client was under the influence of the club drug GHB and had awakened to find that he was being raped, so he reacted violently.

Special Public Defender Bret Whipple, however, would not elaborate on the extent of Daniel Wolff's violence against Richard Marotto, 40. Wolff is charged with killing Marotto on Dec. 13, 2001.

Whipple said he would let Wolff testify and offer the full explanation as to what transpired the evening of Marotto's death, which began with club-hopping, alcohol and drug use.

Wolff's mother, Laura Wolff, testified Wednesday that in a letter Wolff wrote from jail he said he was with a person and after realizing he was being raped "hit the person and left."

Prosecutors allege that after the night of partying, Wolff went home with Marotto and used a slab of marble to bash Marotto's head, covered Marotto's head with a plastic bag, choked him with an extension cord and stabbed him several times.

They also allege that after the slaying, Wolff stole Marotto's jewelry, Nissan Altima, luggage, writing desk and birth certificate, among other things. He later pawned the jewelry at four different pawn shops in Las Vegas, according to authorities.

Marotto was a successful businessman who owned hair salons in Miami and Dallas. He also was gay and HIV positive, according to prosecutors. Wolff, who is gay and HIV negative, told detectives during his statement that he had been unemployed for several months, but previously worked for a temp agency in the automobile auction industry.

Rick Reich, supervisor of the Clark County Health District Office of AIDS, testified that the reactions he has witnessed from alleged rape victims have ranged from "being almost numb to shocked and dumfounded" to anger and an immediate report to police.

The prosecution asked Reich if he had ever seen a rape victim react by hitting the rapist with a marble slab, placing a plastic bag over the rapist's head, choking the rapist with an extension cord, stabbing the rapist with a knife, then stealing his belongings. To each question Reich said in his career he had never heard of a rape victim taking those actions.

Two other witnesses' testimony appeared to bolster what is expected to be Wolff's defense -- that he reacted in a fit of anger when he allegedly discovered he was being raped.

Daniel Wolf, a friend and former lover of Wolff's, testified that the defendant always wore a condom and was "very cautious" in regards to choosing sexual partners.

Wolf said he even nicknamed Wolff "The Nun" because he was so picky and "hardly ever dated."

Patrick Drawyer, who said he had lived with Marotto for two weeks several months before Marotto's death, testified that he believed Marotto had secretly put the drug GHB into Drawyer's drinks.

"I'd wake up all groggy with unexplained time missing," Drawyer said. "Half the day would go by and things of mine would be out of place. It looked like he (Marotto) had been going through my bag, being nosy. I began switching the drinks he gave me with his own drink and making my own."

Drawyer said Marotto was a "lonely guy" who had many "health concerns, disagreements with family and didn't know what he was doing, he was kind of in limbo."

Drawyer said Marotto used methamphetamine, took prescription pain pills and always had a bottle of GHB in his refrigerator. Drawyer, an admitted drug dealer, said he took the drugs with Marotto during the course of their friendship that was based on more "than just sex."

After living with Marotto for several weeks, Drawyer said Marotto became "moody" and displayed "unexplained erratic behavior," crying one minute and being happy the next.

The defense is scheduled to resume its case on Friday, but a hearing is scheduled for today before District Judge John McGroarty to determine whether any testimony regarding Wolff's recollections of Dec. 13, 2001, that came from his time with a hypnotist are admissible.