FBI Agent John Bailey
Facts of the Crime:
Was convicted of killing off-duty FBI Agent John Bailey during a bank robbery in 1990 in Las Vegas and was sentenced to death.
FBI Agent John Bailey
Facts of the Crime:
Was convicted of killing off-duty FBI Agent John Bailey during a bank robbery in 1990 in Las Vegas and was sentenced to death.
July 26, 2010
Supreme Court denies death row inmate’s appeal
CARSON CITY – The Nevada Supreme Court has denied the latest petitions by death row inmate Jose L. Echavarria, convicted of the shooting of an FBI agent during a bank robbery in Las Vegas.
The court rejected Echavarria’s two claims the killing of Agent John Bailey was in self-defense on June 25, 1990.
“Agent Bailey’s murder was callous and senseless, perpetrated merely to effectuate Echavarria’s escape from an abandoned robbery attempt,” said the court in the unanimous decision written by Chief Justice Ron Parraguirre.
The evidence presented at trial showed that Bailey was lying on his back on the ground and Echavarria shot him three times.
After the shooting Echavarria fled to Juarez, Mexico, where he was arrested the next day and he signed a statement admitting he killed Bailey.
The court also rejected his petitions that his trial and appeals attorneys were ineffective.
Echavarria said his trial lawyer failed to present evidence to show the death penalty was not warranted. At trial, several of his friends testified to his good character and described him as a helpful and good friend, and as non-violent and free of drugs and alcohol. He was pictured as a hard-working Cuban immigrant who worked several jobs so he could bring his mother to this country.
Evidence was presented to the Clark County jury that Echavarria had threatened to kill a man who had touched his car and that he had threatened the ex-husband of Echavarria’s ex-girlfriend. And he told a Mexican police officer that if he was armed when he fled to Mexico he “would have wiped out two or three” Mexican police officers, according to testimony.
http://www.lasvegassun.com/news/2010...-death-appeal/
In today's United States Supreme Court orders, Echavarria's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.
On July 12, 2011, Echavarria's habeas proceeding was reopened in Federal District Court. He had initially filed his habeas petition on April 17, 1998.
http://docs.justia.com/cases/federal...202/10515/133/
Bias finding prompts new trial in Vegas FBI agent murder
By JEFF GERMAN
THE LAS VEGAS REVIEW-JOURNAL
Nevada Attorney General Adam Laxalt said Friday that his office has appealed a federal judge’s decision that could result in the release of a death row inmate convicted of killing an FBI agent.
The inmate, Jose L. Echavarria, was convicted in Clark County District Court in the 1990 of the shooting death of FBI Agent John Bailey in a Las Vegas bank. The local FBI building is named for Bailey, a widely known and highly regarded federal agent.
Bailey happened to be in a Security Pacific Bank branch on FBI business on June 25, 1990, when a man disguised as a woman — later identified as Echavarria — pulled a gun on a teller, according to court documents. Bailey scuffled with the robber and was fatally shot.
Echavarria was arrested in Juarez, Mexico, the next day and returned to Las Vegas to face charges in Bailey’s death.
In a 57-page decision filed in Reno on Jan. 16, U.S. District Judge Miranda Du found that Echavarria had gotten an unfair trial because of alleged bias on the part of the presiding district judge in Las Vegas, Jack Lehman, who has since retired.
Echavarria and his lawyers argued they learned after the trial that Bailey had investigated Lehman several years earlier over a questionable land deal when he was a member of the Colorado River Commission.
“The evidence submitted by the Echavarria shows, beyond any dispute, that Agent Bailey had been centrally involved in conducting the investigation of the trial judge and that the alleged fraud and the FBI investigation were of such significance that they would have had serious implications for the trial judge,” Du wrote.
Du concluded that it was “constitutionally intolerable” for Lehman to preside over the case because an average judge in this position might be tempted to avoid rulings unfavorable to the FBI or the prosecution “in order to appease the FBI and avoid any further investigation.”
Defense lawyers had complained about some of Lehman’s rulings during the trial, and Du said she came to the “inescapable conclusion” that the risk of bias on Lehman’s part was too high to be confident the case was handled by a “neutral and detached arbiter.”
Du granted Echavarria’s petition for a writ of habeas corpus and ordered his release from custody within 60 days unless the attorney general filed notice of intent to retry Echavarria.
Du also put her decision on hold to give the attorney general an opportunity to seek a review at the 9th U.S. Circuit Court of Appeals.
“Jose Echavarria does not deserve a retrial, and my office has already filed a notice to appeal this order to the 9th Circuit,” Laxalt said in a statement Friday.
The appeal is likely to leave Du’s decision in limbo for months.
Earlier this week, the FBI Agents Association also weighed in on her decision.
“The FBIAA urges the state of Nevada to take all necessary actions to protect the public from Jose Echavarria and to ensure that justice is served for the murder of Special Agent John Bailey,” the national organization said in a statement. “Echavarria is a threat to public safety and his release would cause unnecessary risks to the public and further pain for Special Agent Bailey’s family, friends, and fellow special agents.”
A member of the group who worked with Bailey, retired Agent John Wilson, added that: ‘I looked up to John for guidance and direction because of his dedication to his job and his capabilities. He was a top agent and a committed family man.
“I join with my fellow retired and active special agents in urging the state of Nevada to take action to protect the public from John’s murderer.”
http://www.reviewjournal.com/news/la...i-agent-murder
On March 28, 2017, the State of Nevada filed an appeal before the U.S. Ninth Circuit Court of Appeals.
https://dockets.justia.com/docket/ci...s/ca9/17-15560
Don't ask questions, just consume product and then get excited for next products.
"They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters
On December 6, 2017, oral argument will be heard in the State of Nevada's appeal before the Ninth Circuit.
https://www.ca9.uscourts.gov/calenda...=4-8&year=2017
The Ninth Circuit panel in the case will be made up of Judges Fletcher (Clinton), Berzon (Clinton) and Nguyen (Obama).
https://www.ca9.uscourts.gov/calenda...=4-8&year=2017
In today's decisions, the Ninth Circuit AFFIRMED the District Court's decision to grant Echavarria's habeas petition.
http://cdn.ca9.uscourts.gov/datastor...5/15-99001.pdf
Knew it the moment I saw 'Fletcher' and 'Berzon' on the first page.
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