Board denies leniency for woman in ‘trick roll’ strangling

Thursday, Nov. 19, 2009 | 3:27 p.m.

CARSON CITY – The state Pardons Board has denied the request for clemency from a female inmate who at age 15 strangled a man in a Las Vegas hotel room while posing as a prostitute in a trick roll caper.

Alisha Burns has served six years and eight months of a life term with parole eligibility after 10 years on the second-degree murder conviction.

Her co-defendant, Steven Kaczmarek, was convicted of first-degree murder and is serving a life term.

Burns told the board, “There is nothing I can say that will justify what I did. I regret it every day.” At age 15, she was the youngest inmate in the female prison. “There is nothing harder than growing up in prison. I did that.”

Attorney Randall Roske, representing Burns, said she has rehabilitated herself. And Burns asked to be immediately eligible to apply for parole.

But Steve Owens, chief criminal deputy in the Clark County District Attorney’s Office, said Burns strangled Pedro Villareal and because of her light weight had to jump up and down on his neck.

He said Kaczmarek got the death penalty but the Nevada Supreme Court ordered a new penalty hearing and he now has a life term without possibility of parole.

Attorneys for Burns said she was under the influence of Kaczmarek, who was 32 at the time when she was 15 years.

Supreme Court Justice Michael Cherry made a motion to grant the request for parole eligibility immediately but he gained only the support of Gov. Jim Gibbons on the board composed of the Supreme Court, the attorney general and the governor.

But the board granted relief to Las Vegas kidnapper Billy Johnson when his victim testified in support of reducing the sentence.

Virginia Hastings told the board that Johnson is a changed man after serving more than 12 years in prison. “He would not do it again,” Hastings said.

It is unusual for a victim to support relief. Johnson received a life term plus consecutive sentences of 60 to 160 months. Under approval by the board, he will be eligible to apply for parole in 2012 and then start serving a five-year term.

Owens opposed the clemency saying Johnson held a drill at the neck of Hastings and said he was going to rape her. She was able to escape before any sexual assault took place.

But in another case, the relatives of the victim may have convinced the board to deny the application of Richard Gaston, convicted of first-degree murder in the shooting death of Mario Wesley who died in August 1993 at the age of 23 in Las Vegas.

Vanetta Wesley and Verchelle Wesley, the mother and sister of the victim, both urged the board not to grant clemency. Verchelle said the persons who murdered her brother did not show mercy. Both cried while giving their testimony and the board voted 8-1 to deny a reduction in sentence that would have made Gaston immediately eligible to apply for parole.

Gaston was one of a group of men who robbed Wesley and another man. The state prison had recommended clemency for Gaston, who has served 16 years and four months.

The board approved relief for killer Kevin Houser, whose two life terms were reduced to 10 years to 25 years. He will be immediately eligible for parole but then will have to start serving a ten-year term.

Houser, who was 16 at the time, and co-defendant Devan Rivera drove Ismael Arevinas into the desert outside Las Vegas where he was shot to death. Rivera, also serving a life term, was angry because Arevinas reportedly "hit" on his girlfriend.

The board also voted 6-2 to reduce the life term without parole to allow Thomas Welch to apply for parole. He has served 20 years and nine months in prison. He stabbed to death another person over a gambling debt in Las Vegas.

The board delayed action on the request of Las Vegas killer Frank S. D’Agostino, sentenced to life in prison without the possibility of parole for the fatal stabbing of Eleanor Panzarella in Las Vegas.

A legal question arose whether the board could reduce the term of D’Agostino and the case will be considered at the April meeting of the pardons board.

Discussion: 9 comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy.

By dhvincent1

Nov. 19, 2009

11:31 p.m.

Suggest removal

Gov Jim Gibbons supported giving the prostitute/murderer a lighter sentence? WTF, is he going liberal on us?
By Tonja

Nov. 20, 2009

7:43 p.m.

Suggest removal

pt 1. The following was read on the record before the Pardons Board. Chief Justice Hardesty stomped out of the Pardons Board when I exposed him for writing the letter to a federal judge. "On June 24, 2009 I appeared before this Pardons Board to bring it to your attention the ILLEGAL acts within in the Washoe County District Attorney's Office. I presented you with the documentation, the hand written notes that former ADA Ron Rachow made on the Motion for Discovery 21 years ago. Mr. Rachow violated BRADY V MARYLAND by withholding all of the Materiality and Exculpatory evidence that showed another person was responsible for the crime in which my innocent brother, NOLAN KLEIN, was convicted of. Not only did Mr. Rachow withhold the evidence that would have cleared an innocent man, several employees within the Washoe District Attorney's Office knew about this AND SAID NOTHING OVER THE LAST 21YEARS!! In fact, ADA John Helzer appeared before this Board on October 29, 2008 stating he looked in Mr. Klein's file. He looked, he saw and HE SAID NOTHING ABOUT THE OTHER SUSPECT, Mr. Zarsky to you. The Sparks Police Department's theory was that Mr. Zarsky was responsible for this crime as well as other crimes in which those other victims cleared my innocent brother, Nolan Klein. ALL OF THIS WAS WITHHELD FOR 21 YEARS IN VIOLATION OF BRADY V MARYLAND and EVERY MEMBER OF THIS PARDONS BOARD KNEW IT AND CHOSE TO DO NOTHING . What this Board should have done was placed Mr. Klein on this Agenda for a Pardon for EXONERATION. You did not. Instead you chose to CONDONE THE WRONG DOINGS OF THE WASHOE COUNTY DISTRICT ATTORNEY'S OFFICE FOR THE LAST 21 YEARS.
By Tonja

Nov. 20, 2009

7:44 p.m.

Suggest removal

pt 2. As members of the Indigent Defense, you speak so well of not wanting to see any innocent person wrongfully convicted, however, when the wrongfully convicted is brought to your attention you turn a blind eye to the truth, thereby protecting the bad acts of officials under the color of law. On June 24, 2009 I asked that you adopt a policy by sanctioning and or disbarring those prosecutors who cover up evidence and lie to the Pardons Board. Again, you do nothing. But, when it comes to your family or friends you do everything to protect them, such as, Justice Hardesty did when he wrote a letter to a Federal Judge on behalf of one of the co-defendants in one of the largest LSD drug Bust in Reno's history. This co-defendant received approximately 6 months in a federal prison. Pretty nice when compared to those drug traffickers who have appeared before you. And let us not forget that years ago Justice Hardesty knew that there were on going problems with the missing DNA in Mr. Kleins case. Missing DNA was presented to this Board when Mr. Klein appeared before you and you denied him a Pardon. On September 20, 2009 an INNOCENT MAN, NOLAN KLEIN, who was wrongfully convicted DIED in prison because of these ILLEGAL acts. The cover up still continues when I on September 8, 2009 filed with the Attorney General's Office the documents that were found in the DA's file that support Mr. Klein's claims that are pending within the 9th Circuit Court of Appeals. At the Board of Prison Commissioners meeting AG Masto and Governor Gibbons were provided with documentation showing that other evidence was found within the file in Mr. Klein's case. Instead of placing Mr. Klein on the Agenda for a Pardon for Exoneration, AG Masto and her staff are attempting to have his case dismissed. On the June 24, 2009 Agenda you list considering hearing cases of those who maintain their innocence, yet, again you turn a blind eye to the truth. Why? I made a promise to an innocent man that I would do whatever it takes to bring the truth out and if it means exposing the corruption then so be it. We will be filing a Petition for Exoneration and if it means taking it all the way to the United States Supreme Court we will do it. In the meantime I pray that there will be a federal investigation into the Washoe County District Attorney's Office and if it means that in order to protect the innocent that the guilty go free, then so be it. It falls on this PARDONS BOARD'S MEMBER'S HEADS. Tonja Brown
By spartacusproject

Nov. 20, 2009

9:34 p.m.

Suggest removal

Tonja:

As a citizen of Nevada, and knowing the corruption of our state's paid political parasites, and how they react to truth, I'd say: "Please, no comments on my letter". The truth that was just stated in your letter--does the rightful job of exposing these pitiful, sorry State Administrators, for what they really are: "NOTHING BUT SCUM SUCKING PIGS".

But, there are other murder issues than just your brother, many others. Let's explore just one of the others that recently took place in Ely, Nevada. For the record, my condolences to your family on Nolan's murder at the hands of the Nevada Department of Corrections medical buffoons.

That said, let the Governor also explain the murder of TIM REDMAN, #32765, yesterday, 11-18,2009--at Ely State Prison. While locked away in a single man cell.

Ely State Prison warden, E. K. McDaniels, and his correctional staff are responsible for Tim Redman's murder. Governor! please explain this murder...Maybe, A.G. Mastos could jump in and help you put the spin on this murder, too.

Please explain 5 cans of Mace sprayed on Mr. Redman, while your correctional staff watched this man hang himself--while alone in a single man cell and sprayed like a bug?

Please explain, I love good mythical stories.

Governor, would you please explain why the Warden McDaniel's was laughing all the time this murder was taking place. I know what a joker Warden McDaniels is to all those around him, and you, but this was over the top--even for this 500# blob of poly saturated fat.

Naturally, the murder of this man is just my opinion, but an opinion shared by many other good citizens of this state.

I can hardly wait for the affidavits to come pouring in to tell the real story of this man's murder. Governor, are you ready to bring charges of murder against your finest murders that Nevada has to offer--for penal rehabilitation? Just asking? You're the man!

Happy story telling time.

Respectfully submitted. "Yeah, sure"!

Donald Hinton, Sr.
Spartacus Project of Nevada
By xie

Nov. 20, 2009

10:25 p.m.

Suggest removal

Officers now say that McDaniel told them NOT to enter Redman's cell. Not entering an inmate's cell in this situation would be highly unusual. Now, it is said, that McDaniel was yelling at the officers that they should have gone in...The cover up begins. Another murder. Will we let them get away with this yet again? This is murder. Cold blooded murder. The warden and the officers involved must be tried for murder. DON'T KILL IN MY NAME AND WITH MY TAX DOLLARS.

RIP Nolan Klein, an innocent man in Nevada's gulag, and Timothy Redman, tortured to death by guards at Ely State Prison. When will it end?
By xie

Nov. 20, 2009

10:31 p.m.

Suggest removal

Where is the Vera Institute? Having tea with Skolnik? Where is the ACLU? Where is the governor? We know where Cortez Masto is - with E.K. planning the coverup, in her usual spot.
By spartacusproject

Nov. 21, 2009

12:01 a.m.

Suggest removal

xie:

I love you assessment of this murder. A.G. Mastos is right on. She is vile and way over the top for being any kind of woman, or person. I'd tell you what she really is, but they don't allow that kind of language on the radar.

You're right--it is a cover up.

Here's the real question: Why has one story stated McDaniels as laughing, the other story has him yelling about going in to stop the hanging--as if he cared.

You are right, two stories = cover up for the ass fat blob, who now cares about his charges.

Yeah, sure!

Don
By spartacusproject

Nov. 21, 2009

12:23 a.m.

Suggest removal

xie:

You mentioned Vera and the ACLU. Are you aware the prisoners do NOT want either. I have dismissed both. Both, in my opinion, work for Skolnut.

They are truly disingenuous to the human race when it comes to defending anything more than a street vendor passing out his cards for houses of prostitution and call girl services.
That's my opinion, and I'm sticking to it. I know the prisoners can't be that wrong.

You know, if the prisoners don't trust either--something is wrong with these organizations, when it comes to defending prisoners and their causes. The prisoners say the ACLU just confounds the issues and makes it easier for the State to win the cases against them. "WOW"! That's a mouthful to say about our defenders of the American Constitution.

Must be the reasons the OATH KEEPERS chartered up. Couldn't stand the false collection plate of the ACLU--for the good of American Citizens.

However, I do know what they mean. There is no law enforcement agency in America afraid of this organization--under any circumstances.

Please, don't wish these organizations on the prisoners. Just a suggestion... As for Vera, they just told me that are in partnership with Skolnut, as he is the reason they are allowed to view the sorry circumstances of Nevada Prisons. You know, after hearing that sound bite, the prisoners will get a fair shake.

Sure they will...

Don
By geezelouise

Nov. 21, 2009

7:04 a.m.

Suggest removal

When will the elected officials of this state stand up and speak for those who have no voice?

There is no justice in this state, there is plenty of corruption.

Where is the ACLU? Working on making it safe to hand pamphlets of prostitutes to visitors of our valley.

I don't know if the Oath Keepers are willing to take on an issue that the public doesn't even want to hear about, but I am beginning to believe after hearing about the treatment of prisoners that Skolnik is the head Nazi.

There must be something that can be done to stop these abuses of power.