Wednesday, Jan. 19, 2005 | 9:40 a.m.
SUN CAPITAL BUREAU
CARSON CITY -- A prosecutor urged the Nevada Supreme Court on Tuesday not to permit a new trial for a man convicted in a 1980 murder in Las Vegas.
After hearing oral arguments, the court took the case under submission.
The defendant, Vernon A. Tiger, was one of four men convicted of the fatal shooting of David Kinnamon, 34. Kinnamon was killed when he came home from work to find the four in his home and with some of them attempting to sexually assault his wife.
District Judge Nancy Saitta last year granted Tiger a new trial. Saitta said Tiger was entitled to a new trial because the prosecution failing to turn over all of the evidence to the defense and because Tiger's attorney had not done his job properly.
James Tufteland, chief deputy district attorney in Clark County, argued Tuesday that the statements that were not turned over to the defense would not have made a difference in the outcome of the trial.
"The statements would not have helped the trial strategy," said Tufteland and added, "If the jury heard the evidence, there would be no different conclusion."
But defense attorney JoNell Thomas of Las Vegas argued that the statements that were never turned over to the defense would have helped Tiger fight the sexual assault charge.
She argued that the theory of the prosecution was that Tiger aided and abetted the crime.
Justices asked Thomas why Tiger never pursued a writ of habeas corpus for nine years after his attorney, who is now deceased, filed the documents. Thomas said Tiger was 18 years old when he was convicted and had relied on the competence of his attorney.
Justice Nancy Becker said there was no indication Tiger, now 42, ever tried to contact his attorney. Thomas said Tiger was in prison in Southern Nevada but when transferred to prison in Carson City got together with a law clerk and started to pursue the appeal.
Thomas also argued that the jury was not properly instructed on the possession of a deadly weapon.
One of the four men convicted was Thomas Nevius, who was identified as the shooter. Nevius was sentenced to death but the state Pardons Board commuted his sentence to life in prison without possibility of parole when he was found to be borderline mentally retarded.
Tiger originally pleaded guilty but was then granted a new trial at which he was convicted of murder with use of a weapon and attempted sexual assault.
He has been paroled from his life sentence for murder but is still serving a 20-year term for attempted sexual assault and faces a consecutive 20-year term for use of a weapon, according to records in the state Parole Commission.
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