Jail tale doesn’t warrant murder retrial

Wednesday, May 11, 2005 | 9 a.m.

A sister and brother convicted of killing the woman's husband to collect a $500,000 life insurance policy in 2002 will not receive a new trial even though a jailhouse confession allegedly points to another man as the killer.

Susanne Carno and John Ray were found guilty for conspiracy to commit murder, first-degree kidnapping and robbery with use of a deadly weapon and first-degree murder for the January 2002 killing of 36-year-old Richard Carno.

Richard Carno was found dead in his green Ford Escort near the Comstock Trailer Park in northeast Las Vegas. An autopsy revealed that he had been strangled with a plastic bag.

Ray's attorney, Deputy Public Defender Joe Abood, said a jailhouse confession made by a key prosecution witness during Ray's trial was enough newly discovered evidence to warrant a new trial.

Abood said James Walsh's cellmate informed detectives Walsh allegedly confessed to him that he "pulled the bag over (Richard) Carno's head."

Walsh's fingerprint was the only one found on the plastic bag around Richard Carno's neck when he was found, but he has never been charged with any crimes in connection to the killing.

Walsh was serving a 12- to 36-month sentence for an unrelated burglary charge when he allegedly confessed to his cellmate that he was involved in Richard Carno's killing.

Detectives interviewed Walsh about his cellmate's allegations and Walsh denied ever making such a statement.

"Detectives thought enough of the info to interview the inmate and pass it on to the district attorney's office," Abood said. "This is the type of evidence that should entitle Ray to a new trial."

Chief Deputy District Attorney Chris Owens agreed with Abood that the information about Walsh was newly discovered evidence, but said it failed to meet the burden required for District Judge Joseph Bonaventure to order a new trial.

Owens said the newly discovered evidence would have to show "a different result would be probable at a retrial."

The prosecutor argued that Walsh's alleged statements to a cellmate would simply bring Walsh's credibility into question and not result in a different jury verdict.

Owens also said the motion for a new trial should be rejected because under the terms of an agreement reached at the penalty phase, both Ray and Susanne Carno waived their appellate rights to avoid a possible death sentence or term of life in prison without parole.

Bonaventure agreed with Owens, saying Ray and Susanne Carno got "a hell of a bargain" and it "doesn't seem right" that Abood was backing out of the agreement.

"We could have had a daylong penalty hearing and that would have been it," Bonaventure said. "You want a second bite at the apple, and it's not right."

Walsh was arrested on a material witness warrant and compelled to testify by prosecutors at Ray and Susanne Carno's trial.

Walsh testified that Ray drove a green Ford Escort to his trailer at the Comstock Trailer Park on Las Vegas Boulevard North the day Richard Carno disappeared. Inside the car was a man with a plastic bag on his head with slits cut out at the eyes and duct tape wrapped around his neck, Walsh said. He also said Ray told him it was Richard Carno.

Walsh also testified there had been signs that Ray was planning a murder. On one occasion, the two were watching the movie "Casino" when Ray indicated that he was involved in a murder-for-hire scheme similar to one portrayed in the movie.

Walsh testified he had nothing to do with the killing and he didn't call police because Ray threatened to harm his family.