Jury rejects Wolff’s rape defense

By Matt Pordum (contact)

Friday, Sept. 17, 2004 | 9:37 a.m.

A Clark County jury Thursday rejected a man's claim that he killed another in response to being raped and found him guilty of first-degree murder and robbery with use of a deadly weapon.

This morning the jury was to begin considering how to punish 35-year-old Daniel Wolff for the December 2001 murder of 40-year-old Richard Marotto.

The jury was to hear testimony today from Marrotto's family, who after the roughly six-week trial wept and offered hugs of thanks to the prosecution after the jury issued the verdict. Marotto's relatives said they would not comment on the case until after the jury has determined Wolff's sentence.

The jury has three sentencing options for Wolff: 40 years to life in prison, life in prison without the possibility of parole or a set term of 50 years to 100 years in prison.

Robbery with use of a deadly weapon is punishable by one to 15 years in prison plus a consecutive sentence of one to 15 years.

Wolff was found not guilty on one count of burglary with use of a deadly weapon.

The prosecution alleged that after a night of drug-fueled partying, Wolff went home with Marotto on Dec. 13, 2001, and killed him. Prosecutors say he then stole Marotto's car as well as a variety of items from his house and pawned Marotto's jewelry at four different pawn shops in Las Vegas.

Chief Deputy District Attorney Vicki Monroe said she was "extremely satisfied" with the jury's verdict. Monroe said she was upset with how Marotto was portrayed by the defense, saying she felt Marotto was "crucified."

"It was a shame that HIV was made such an issue in this case when it had nothing to do with the defense," Monroe said.

Marotto -- a successful, gay businessman who owned hair salons in Miami and Dallas -- was HIV positive.

In acknowledging the ups and downs of the more than monthlong trial, Monroe said, "The (roller) coaster is just coming into the tunnel, the ride won't be over until sentencing."

Monroe and Special Public Defender Bret Whipple were often combative during the trial, and one exchange outside of the jury's presence a few weeks ago might have ruined Wolff's chance at a negotiated sentence.

While waiting for the jury to come into the courtroom, Monroe was angry with Whipple, who suggested to Monroe that she "sing Kumbaya" to relax, but Monroe made it clear a line had been crossed.

"It's a war now," Monroe said at the time. "We'll have a penalty phase if we get first-degree murder, I can tell you that."

Whipple said he respected "the hard-working jury who gave everything they had during the six-week trial. They were diligent and patient, and I respect their opinion."

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.

No physical evidence, including DNA, was ever introduced in the trial to prove either rape or consensual sex took place between Wolff and Marotto.

In closing the case, Monroe said the evidence that was introduced showed Wolff to be a thief and a liar. Monroe said the evidence in no way suggests Wolff was raped by Marotto, but instead indicated that Wolff saw Marotto as a wealthy man whom he could rob.

The prosecution argued Wolff met Marotto at a bar, went home with him and used a slab of marble to bash Marotto's head before covering Marotto's head with a plastic bag, choking him with an extension cord and stabbing him several times.