Killer’s brothers to testify in new penalty hearing

By Matt Pordum

Tuesday, March 1, 2005 | 8:37 a.m.

A judge ruled Monday that a man who received the death penalty for the 1989 killing of a 4-year-old girl will have a new penalty hearing so jurors can hear testimony from his two brothers.

District Judge John McGroarty determined Kitrich Powell's trial attorneys were ineffective because they did not contact Powell's two brothers who both said in court Monday they would have pleaded for his life if they had been given the opportunity.

Powell was convicted of repeated beatings and causing the death of 4-year-old Melea Allen, the daughter of Sharon Allen, Powell's girlfriend.

McGroarty had granted a new penalty phase for the 46-year-old Powell two years ago, but the Nevada Supreme Court ruled an evidentiary hearing was required before the judge could make such a ruling.

McGroarty said a new penalty hearing date would be scheduled at a March 28 hearing.

The new penalty phase means a Clark County jury will decide whether to sentence Powell to either 10 years to life in prison, life in prison without the possibility of parole or death.

Peter Powell, who just recently retired after a career in the Navy, said he was never contacted by his brother's trial attorneys. He said he would have been "absolutely willing to testify at his (Kitrich Powell's) penalty phase."

He said he would have asked the jury to spare his brother's life. Peter Powell said he had "an outstanding relationship with (Kitrich Powell,) my peer who I looked up to for leadership and guidance."

Paul Powell III, a pilot with Southwest Airlines, said he also was never asked to testify. If given the opportunity he said he would "recommend that my brother Kitrich does not deserve the death penalty."

He recalled playing baseball and hide-n-seek with his brother while growing up, and although he had some scuffles with his brother, he said it was "a loving relationship."

"His life does mean something on this planet Earth," Paul Powell III said. "I love him and I'm sure everyone else would see the aspect of him being a productive member of society.'

Both brothers pumped their fists and wiped tears from their eyes upon hearing McGroarty's decision.

Deputy District Attorney Leon Simon argued that Kitrich Powell's trial attorneys were successful in getting his mother to testify on his behalf and did make two unsuccessful attempts to have his father testify.

Simon said Kitrich's mother's testimony was "heart wrenching" and he failed to see how not contacting the brothers constituted ineffective assistance by Powell's trial counsel.

Powell's mother, however, left the boys when they were children because her husband allegedly beat her.

Powell's attorney, Chris Oram, said none of the Powells have had contact with mother more than once or twice in the past 35 years.

Simon said neither brother really knew the man Kitrich Powell had become after being dishonorably discharged from the Army, court-martialed and ordered to two years in prison for attacking a woman while stationed in Germany.

Simon said their brother went on to spend a year in prison for three counts of burglary in Pennsylvania and four years of prison for two counts of burglary and one count of armed robbery in Tulsa, Okla.

The prosecutor argued there was no reason the testimony of Kitrich Powell's two brothers would have changed the jury's decision to sentence him to death.

McGroarty countered Simon's contention with a question: "How do we know?"