Death penalty decision challenged

Thursday, March 24, 2005 | 8:56 a.m.

A lawyer representing a man who allegedly confessed to killing a transient in 1998 because he wanted to be sentenced to death is arguing to the Nevada Supreme Court that his client's death sentence should be set aside.

Special Public Defender Randy Pike contends the district attorney's office's death penalty review committee made the decision to seek the death penalty against Robert Davis without reviewing his mental health records.

Davis, 41, is charged with murder with a deadly weapon for the 1998 shooting of transient Billy Ray Owens. Owens was shot as he slept near the railroad tracks in North Las Vegas.

Pike said the prosecution has until March 30 to file a reply to the motion and the state's high court will either make a decision or hear arguments on the issue.

"To my knowledge this isn't the first time there has been a challenge against the review committee brought to the (Nevada) Supreme Court, but it might be the first time based on information that should have been reviewed by the committee," Pike said.

Pike said Davis has "been suffering from mental illness, schizophrenia, his entire life."

The special public defender said he knows the death penalty review committee didn't look at Davis' mental health records because neither he nor the prosecutor handling the case had the records at the time the committee decided to seek the death penalty against Davis.

Clark County District Attorney David Roger, however, counters that "there is no legal responsibility for us to review any specific materials" when deciding whether to seek the death penalty.

He said the committee consists of himself, the assistant district attorney and several senior members of the district attorney's office staff.

The committee was created during current District Judge Stewart Bell's tenure as district attorney. Prior to Bell's arrival, the prosecutors involved in a particular case would decide whether or not to seek to death penalty.

Roger said the three questions that factor into the committee's decisions about seeking death penalties are:

Defense attorneys have "always had a standing opportunity to present mitigating evidence for the committee to consider, but it's rare that they present any because I don't think they want to tip their hands," Roger said. The district attorney said the issue is simply one of "separation of powers."

Under Nevada Supreme Court rule 250 prosecutors are required to file a notice of intent to seek the death penalty "no later than 30 days after the filing of an information or indictment."

The notice must also "allege all aggravating circumstances which the state intends to prove and allege with specificity the facts on which the state will rely to prove each aggravating circumstance."

District Judge Joseph Bonaventure has set a status check on the case for May 25.

Davis was serving eight to 10 years in a New York state prison when he allegedly confessed to a prison mental health counselor that he had shot a homeless person in Las Vegas.

Pike said the counselor then notified investigators who contacted the North Las Vegas Police Department about the confession.

Police said Davis recounted his crimes in a detailed confession, stating that he also shot a homeless man in New York and was planning to target another in Washington, D.C.

Davis allegedly said he wanted to get the death penalty and believed it would take five brutal murders, but he ran out of money and bullets before he could complete his quest.

Davis also allegedly wrote Bonaventure a letter saying he wanted to plead guilty to murder and be sentenced to death.

Pike said after the supreme court rules on the issue surrounding the death penalty review committee, he would then seek to have a hearing on whether Davis' confession is admissible.

He contends the mental health counselor at the New York prison violated the "confidentiality of the relationship" with Davis.

"He (Davis) was unethically victimized by the counselor's decision to break the bond of confidentiality, to break the relationship."

Pike said perhaps the ultimate issue would be whether Davis is competent to stand trial.

He said he expects competency hearings will be held and that Bonaventure will hear testimony from doctors to determine if Davis can stand trial or should be sent to Lake's Crossing, the state's mental facility in Sparks.