High court rules no new trial for man convicted of murder

Monday, June 20, 2005 | 9:36 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- Vernon A. Tiger, one of four men convicted of the murder of a Las Vegas man in 1980, won't get a new trial.

The Nevada Supreme Court on Friday overturned the ruling of District Judge Nancy M. Saitta, who in 2004 said Tiger was entitled to a new trial because the prosecution failed to turn over all the evidence to the defense and because Tiger's attorney had not done his job properly.

The court found that Tiger, convicted of first degree murder, robbery and other charges, filed his petition for a writ of habeas corpus past the deadline and there was no good excuse for this failure.

Tiger also argued there was insufficient evidence to convict him of attempted sexual assault.

Tiger was one of those convicted of the fatal shooting of David Kinnamon, 34. He was also convicted of attempted sexual assault of the wife Rochelle Kinnamon.

Tiger 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 Board.

Tiger said there was not sufficient evidence to convict him of the attempted sexual assault charge. But the Supreme Court said Rochelle Kinnamon testified Tiger fondled her breasts while Thomas Nevis brandished a gun and attempted to remove her clothes.

The court said Tiger failed to show there was a "fundamental miscarriage of justice" in the sexual assault conviction.

The court also rejected the claim of Tiger that the prosecution withheld evidence that would have aided his case at trial. The court said the statements made to police by others were not material to the case.

The court said Rochelle Kinnamon identified Tiger as one of the four men who entered the apartment, ransacked her purse and participated in the attempt to sexually assault her.

"Given the extensive, overwhelming evidence of Tiger's guilt produced at trial, we conclude that there was neither a reasonable probability or possibility that the result at trial would have been different had these statements been disclosed."

One of the four men convicted was Thomas Nevis, who was identified as the shooter. Nevis 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.