Weber conviction should be tossed, attorney argues

Wednesday, April 6, 2005 | 9:38 a.m.

CARSON CITY -- A defense attorney told the Nevada Supreme Court Tuesday it should overturn the murder conviction and death penalty for Timmy "T.J." Weber.

Weber was found guilty of the April 2002 killing of his live-in girlfriend and her son in April 2002. Weber was also convicted of sexually assaulting the woman's 14-year-old daughter and producing pornography with her in it.

Weber, who faced multiple charges, had one trial where he faced the charges instead of separate trials on each accusation.

Willard Ewing, chief deputy public defender in Clark County, argued there should have been multiple trials involving the various charges, rather than having them lumped together at one trial.

But Assistant District Attorney Christopher Lalli said that all the offenses were tied together and were properly combined for one trial.

The court, which questioned both attorneys extensively, took the arguments under submission and will rule later.

Weber's 38-year-old girlfriend, Kim Gautier, died from a blow to the head. Her 15-year-old son Anthony was bound with a bag over his head and T-shirt stuffed in his mouth. Weber was also convicted of attempted murder after fighting with Gautier's other son, Chris, and a friend of his several days after the murder.

Weber was sentenced to death for the murder of Anthony and to life without parole for the killing of his girlfriend.

Ewing argued that District Judge Joseph Bonaventure should have ordered several trials on the sexual charges and the attempted murder charges.

Ewing said that in a separate trial, Weber would have able to take the stand and testify that the sex with the young girl was consensual. The attorney also said Weber maintained that he was acting in self-defense in the fight with one of the sons.

But Weber could not take the stand at the one trial to defend himself against these allegations because that would have opened him up to cross-examination on the murder counts, the defense lawyer said.

Ewing said Weber and Kim had a "long-term relationship and there was no history of problems."

But Justice Bill Maupin disagreed, saying the evidence indicated that the problems had been building for some time.

Weber was convicted of having sex with Gautier's daughter for years, going back to when she was 9 years old. He was allegedly angry when the daughter started talking about dating boys her own age, according to testimony at the trial.

Lalli said the desire of the girl to start dating boys made Weber realize the relationship was over. "The status quo changed," he told the court.

Ewing also argued that hearsay evidence about Kim Gautier's conversations should not have been admitted at trial.