Attorneys say death row inmate not at the scene of crime

By Cy Ryan

Tuesday, May 8, 2012 | 5:35 p.m.

Defense lawyers say there is no evidence to show death row inmate Thomas Richardson was present when a 91-year-old woman and her grandson were beaten to death with a claw hammer in a mobile home in Las Vegas.

Special Public Defenders David Schieck and JoNell Thomas told the Nevada Supreme Court they were limited in their closing argument at trial and that a key piece of evidence that could have helped the defense was destroyed.

Chief Deputy District Attorney Pamela Weckerly argued Tuesday that Schieck was not permitted in his closing argument to talk about issues that were not presented at the trial. And Richardson was tied to one of the victims two hours before the crime. And the conviction should be upheld.

Steven Folker was visiting his grandmother, Estelle Feldman from California, during Labor Day weekend in 2005. They were found murdered in Feldman’s three-bedroom trailer Sept. 10, beaten to death with a claw hammer, and Folker had been robbed of several hundred dollars.

After the killing, Robert Dehnart pleaded guilty to murder and is serving a term of 20 to 50 years. His testimony at the trial that he was Richardson's partner in the crime was a key part of the prosecution’s case.

The defense says there is nothing to back up Dehnart’s story. Schieck said Dehnart’s testimony is unbelievable. “His story is repelled by the physical evidence in the case,” he said.

Thomas said the fingerprint and the blood at the crime scene tied Dehnart to the crime.

Dehnart, who knew Folker, said he and Richardson drove to Las Vegas and intended to rob Folker and kill Feldman. He said he purchased the claw hammer but it was Richardson who used the weapon.

Weckerly told the court that Schieck was unable in his closing argument to say that Richardson was not at the scene. Asked by the court if the exclusion of part of the planned closing argument was a violation of due process, she said it was not constitutional error. And if it was error, it was harmless because there was other evidence to tie Richardson to the killing.

One controversial issue was a hat Richardson was reportedly wearing in the company of Folker two hours before the killing. A video tape was filmed of the two at a Taco Bell.

A similar hat was found at the crime scene. Before the video tape was uncovered, the hat was destroyed by police who believed it belonged to the victim.

Weckerly said the two hats were the same. But Thomas argued that the defense never had a chance to do a DNA test to show it wasn’t the same hat.

Thomas said there was no evidence to connect Richardson to the crime except the hat. “Good detective work was not done,” she said.

Weckerly said there was other evidence to convict Richardson, whom she added has “an extensive violent history” of robbery and sexual assault.

The court took the arguments under submission and will rule later.