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Thread: Tracy Petrocelli - Nevada

  1. #11
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    Federal appeals court overturns death sentence in 1982 Reno murder case

    By Jenny Wilson
    The Las Vegas Review-Journal

    A federal appeals court on Wednesday overturned the death sentence for state prisoner Tracy Petrocelli, a three-time convicted killer who has lived for more than a quarter-century on death row since he first was found guilty of murder in a 1982 case that has had substantial influence on criminal procedure in Nevada.

    Petrocelli shot and killed Reno used car salesman James Wilson in 1982, after he fled Washington, where he had killed his 18-year-old fiancee, Melanie Barker. He etched his name into state legal history books after his appeal of the Wilson murder conviction led the Nevada Supreme Court to establish a three-prong test for whether a defendant’s “prior bad acts” can be included in evidence at trial.

    The decision Wednesday by the 9th U.S. Circuit Court of Appeals was largely unrelated to the prior bad acts issue that dominated Petrocelli’s early appeals. The 9th Circuit instead ruled that the penalty phase of the Wilson murder trial represented a “flagrant violation” of Petrocelli’s constitutional rights because it relied on testimony from a psychiatrist who examined Petrocelli without informing him of his Miranda rights.

    The psychiatrist, Dr. Lynn Gerow, was hired by the prosecution to perform a competency evaluation after Petrocelli was arrested on murder and robbery charges. He visited Petrocelli at the Washoe County jail and conducted an interview — without contacting defense lawyers and without informing Petrocelli of his Fifth Amendment protection against self-incrimination and his Sixth Amendment right to legal representation.

    Gerow testified as a government witness during the penalty phase of the Wilson murder trial, and told jurors that Petrocelli had a psychopathic personality for which “there is no cure.” The jury imposed a sentence of death.

    U.S. Circuit Judge William Fletcher wrote in his opinion that “the effect of Dr. Gerow’s testimony was magnified by an erroneous jury instruction,” which he said gave jurors an inaccurate warning about the chances of Petrocelli’s release if he was sentenced to life without parole.

    The psychiatrist’s testimony, coupled with the instruction, “had a substantial and injurious effect on the jury’s decision to impose the death sentence.”

    Since the first guilty verdict, Petrocelli, now 65, has been convicted of two other killings that occurred in 1981. One was Barker, who was killed in October 1981. The other murder, of Dennis Gibson, was not prosecuted until the late 2000s. In that case, Petrocelli pleaded guilty to second-degree murder.

    All three of his victims were killed within six months of each other — from October, when he shot Barker, to March, when he killed Wilson. Petrocelli had not been convicted of murdering Barker when he stood trial for the March 1982 shooting of Wilson, but the jury still learned of her death through testimony at trial.

    Case created new evidence parameters

    Petrocelli’s lawyers argued on appeal that such evidence was unfairly prejudicial, citing trial law that generally prohibits evidence of prior bad acts or bad character except under certain circumstances. In a 1985 decision, the Nevada Supreme Court upheld Petrocelli’s conviction but set out a new test for courts to determine what “prior bad acts” can come into evidence at trial.

    The state high court’s ruling led to the establishment of what is known as a Petrocelli hearing, at which defense attorneys and prosecutors argue over whether the “bad acts” evidence meets the standard spelled out in the 1985 ruling.

    “The Petrocelli case has defined the parameters of the admissibility of character evidence in Nevada,” Clark County Deputy Public Defender Jordan Savage said. ” The bad character evidence is disfavored because there is the danger that the prejudicial and inflammatory impact of that type of character evidence will cause the jury to not fairly consider the evidence of the charges in the current case.”

    Petrocelli’s lawyer could not be reached for comment.

    Original conviction upheld

    The 9th Circuit, in reversing the death sentence, upheld the original conviction. According to the ruling, state prosecutors can hold a new penalty phase trial or impose a lesser sentence consistent with the law.

    “We are pleased that the Ninth Circuit has affirmed the District Court’s denial of Petrocelli’s challenges to his convictions, and we are in the process of further reviewing the Ninth Circuit’s decision to reverse the District Court’s denial of relief with respect to his sentence,” said Monica Moaz, a spokeswoman for Nevada Attorney General Adam Laxalt, whose office defended the conviction and the death sentence.

    https://www.reviewjournal.com/crime/...o-murder-case/

  2. #12
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    On August 23, 2017, the Ninth Circuit DENIED the State of Nevada's petition for en banc rehearing.

    http://cdn.ca9.uscourts.gov/datastor...3/14-99006.pdf

  3. #13
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    Killer linked to Bath-born man who was shot dead in the USA over three decades ago

    An American serial killer has been linked to the death of a Bath man who was shot dead more than three decades ago.

    Stephen Scane, a carpenter and former Frome Selwood School pupil, died aged 26 from multiple gunshot wounds in the 1980s.

    A coroner is set to return a verdict of unlawful killing when his inquest is heard in Taunton on Tuesday, December 18.

    Senior coroner for Somerset, Tony Williams, is also set to issue a burial order which will let his family bury his skull after years of waiting.

    Mr Scane, who had two siblings, Malcolm and Lisa, moved from his home in Frome to Wyoming in 1981, where he got married.

    But daily contact with his family ended and he was declared missing on December 16, 1982.

    On August 12, 1984, his skull and collarbone were discovered by hikers in a national forest park in Utah, 32 miles from the town of Evanston in neighbouring state Wyoming, where he was last seen.

    A murder investigation was launched by Summit County Police.

    But despite a convicted serial killer being identified as a possible suspect 15 years ago, no one was ever arrested or charged.

    The exact date of his death remains unknown, but officers believe he was killed in November 1981.

    A cold case investigation by two retired detectives alleged that Mr Scane may have been killed by Tracy Petrocelli, a notorious killer currently in jail for two murders.

    Retired detectives Dean Carr and Mike Wilkinson discovered startling evidence about his death after reopening the cold case in 2004.

    They say Petrocelli, who shot dead his fiancee outside a restaurant, is linked to the murder by credit card receipts and scraps of paper found in his car when he was arrested, Mirror Online reports.

    Mr Carr said: "I believe that Petrocelli and Mr Scane worked at the same truck stop or gas station together in Wyoming.

    "They found Mr Scane’s ID on Petrocelli, but could never quite tie him to the murder.

    "At the time he was arrested, he had all of his victim's identifications in various forms on him.

    Petrocelli, now 66, murdered his fiancee before killing used car salesman James Wilson during a test drive of a car.

    He spent 35 years on death row before the death sentence was overturned, but remains in jail.

    Mr Scane's parents Gillian and Bryan received their son's remains many years ago.

    But they have been unable to hold a burial service until an inquest into his death has concluded.

    'Terrible' wait

    His uncle Derek Scane, a 67-year-old retired construction worker living in Frome, said the wait for burial for the family had been terrible.

    He said: “It’s terrible it has taken so long to bury Stephen.

    “He was a clever kid who seemed to be good at everything he did.

    “He fell in love with a girl and went out to America to be with her, but then he married someone else.

    “I think he then started to mix with the wrong crowd.”

    He added: “We had contact every day with him until November in 1981, but then we heard nothing. We were later told he was shot.

    “It is time we are allowed to lay Stephen to rest.”

    High-profile case

    Lieutenant Alan Siddoway, of the Summit County Sheriff’s Office, said: “His [Stephen Scane] body was located in forest area in a place called Christmas Meadows, not far from Evanston in Wyoming where he had connections and was last seen.

    “His remains were located and it took a number of years before he was positively identified, and then they were returned to the family.

    “This case was a cold case until around 15 years ago where a person of interest was developed, but there were no arrests.”

    He added: “We are a rural county and so homicide was not common. This case made big news.”

    Inquest

    In a briefing to reporters, senior coroner Mr Williams said there has been considerable press interest in his inquest.

    Last week he opened an inquest into the death and said it would conclude on Tuesday afternoon.

    Mr Williams said: "On December 14, I opened an inquest into the death of Stephen Roy Scane, date of birth September 15 1957. Stephen was born in Bath.

    "I admitted into evidence a statement from my coroner’s officer, Mark Tunwell, confirming that Stephen Scane had died in Utah, United State[s] of America and that his body had been found on August 12, 1984.

    "In approximately 1980 Stephen Scane had travelled to the USA to visit a friend who had moved there. Stephen remained in the USA and married an American citizen.

    "In 1984 concerns were raised by his family after regular communication stopped.

    "On 12 August, 1984, bones were found in the desert on the Utah and Wyoming border, the skull had evidence of a number of gunshot wounds.

    "The bones were identified as Stephen’s.

    "In 1987 the bones were returned to England and they have been retained by the family.

    "The family have now requested permission to bury the bones and the purpose of the inquest is to allow the coroner to issue a burial order.

    "The cause of death was confirmed by a post mortem examination in the USA as: Ia) multiple gunshot wounds of the head.

    "I will, on the basis of the limited evidence as detailed above, return a conclusion of unlawful killing."

    https://www.somersetlive.co.uk/news/...rn-man-2338357
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  4. #14
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    On February 20, 2018, the United States Supreme Court DENIED the State of Nevada's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Numbers: (14-99006)
    Decision Date: August 23, 2017

    https://www.supremecourt.gov/search....ic/17-769.html

  5. #15
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    Nevada inmate on death row 34 years back in court in Reno

    BY SCOTT SONNER
    THE ASSOCIATED PRESS

    RENO, NEV. - A Nevada inmate on death row for more than 30 years is headed back to court to try to get his execution sentence reduced to life in prison without parole.

    A federal appeal court upheld 67-year-old Tracy Petrocelli's 1982 murder conviction two years ago but ruled his rights had been violated during the penalty phase of his trial.

    Jury selection for the rehearing of his sentence is scheduled to begin Monday in Washoe District Court in Reno.

    Petrocelli was convicted of murdering a used car salesman in Reno in 1982 just months after killing his girlfriend in Seattle.

    He's filed multiple appeals since he was sent to death row in 1985.

    The appellate court in San Francisco ruled in 2017 his attorney should have been present when he was interviewed by a psychiatrist who later testified for the prosecution

    https://www.newsobserver.com/news/po...230076289.html

  6. #16
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    New technique used in penalty phase retrial for killer

    Jurors at a new penalty trial for a convicted murderer are seeing the original trial transcripts being read aloud by actors.

    The guilt of 67-year-old Tracy Petrocelli, who killed a girlfriend in Seattle and a man in Barstow, California, then car salesman James Wilson in Reno, is not in question. He was sent to Nevada's death row in 1985. There he has sat since, but he was recently granted a new penalty trial, with his defense team hoping to reduce the sentence to life without parole.

    His defense says his rights were violated during the initial trial.

    Another reason for the new trial is that he has multiple health problems, including heart issues, and has lost 40 pounds. His defense says he is no longer the man he was when he killed three people, and the death sentence is no longer appropriate.

    Jury selection for the new penalty trial began Monday, May 6, 2019, with opening statements underway Thursday. That leads to the meat of the trial itself, and because many of the key players in the original trial's penalty phase are no longer around, Washoe District Court Judge Egan Walker is overseeing something never before done in Washoe court. Transcripts of the original penalty trial... start to finish... are being read aloud word for word by "actors" who are members of the local law enforcement community. That way, the new jury gets to hear exactly what everyone said in the original trial, ideally giving them the older perspective while also considering modern circumstances to determine if the death penalty stays or goes in his case.

    Also new this time around will be statements from people affected by the deaths... victims' families and friends.

    This trial is expected to last about three weeks.

    https://www.kolotv.com/content/news/...509708341.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #17
    Administrator Helen's Avatar
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    Convicted killer hears his own testimony 37 years later

    As far as we know, it's unprecedented in Washoe County. A penalty hearing for a convicted murderer being reenacted for a jury, 37 years after the original jury heard the same words.

    Tracy Petrocelli was convicted in 1982 of the murder of Reno car dealer James Wilson and received the death penalty.

    There have since been a number of appeals and two years ago, an appeals court confirmed once again the conviction, but overturned the sentence. The issue was the testimony of a psychiatrist who interviewed Petrocelli without the presence of his attorney.

    So, a new penalty hearing was ordered. The court decided the best way to handle it after so many years was to have a new jury hear much of the testimony from the original hearing--minus, of course, the psychiatrist's testimony that led to the reversal.

    So, the jury has been hearing it word for word, as if from a script, read by Deputy District Attorney Luke Prengamen with responses from the witness chair read by a series of stand-ins. The court has referred to them as 'actors'. They're actually apparently drawn from local investigative staff.

    So May 14, 2019, Petrocelli--now 37 years older, frail-appearing and in a wheelchair, listened to his own testimony from 1982.

    Much of it focused on conflicts between statements he made about the crime, which he insisted was an accident as he and Wilson struggled over a gun while they were on a test drive in a moving vehicle.

    And, if it really was an accident, whether he had sought medical care for Wilson.

    Unlike his demeanor during opening statements last week, Petrocelli seemed to listen with interest to his 37-year-old testimony. He's seeking to have his sentence reduced to life without the possibility of parole, but once again his life depends on the outcome of this hearing.

    The hearing is expected to wind up before the end of the week.

    Still to be heard, something that wasn't part of the trial or the hearing in 1982--impact statements from James Wilson's family.

    (source: KOLO TV news)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #18
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    Edited:

    Execution re-ordered for 3-time murderer who has been on death row for 34 years

    By Associated Press

    RENO, Nev. (AP) — The Latest on a resentencing hearing for a Nevada murderer who has been on death row for 34 years (all times local):

    A Nevada jury has reordered the execution of a three-time murderer who has been on death row for 34 years.

    The jury in Reno deliberated about three hours after a weeklong resentencing hearing before rejecting a bid by 67-year-old Tracy Petrocelli to be allowed to serve life without parole.

    Petrocelli stood from his wheelchair but showed no reaction to the unanimous verdict in support of his execution.

    A federal appeals court two years ago upheld Petrocelli's conviction but ordered a new sentencing hearing because his rights were violated during the penalty phase of his trial in 1982.

    He was convicted of murdering the owner of a Reno car dealership, his girlfriend in Seattle and a man in California, all in the span of a year.

    https://news3lv.com/news/local/prose...-3-time-killer
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #19
    Administrator Helen's Avatar
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    Nevada high court overturns death sentence for 2nd time

    A 3-time convicted killer on Nevada’s death row for nearly 4 decades in a case that marked a cornerstone of state criminal procedure had his sentence overturned for the 2nd time.

    In a 4-2 decision, the Nevada Supreme Court found last week that a mistake on a verdict form in the 2nd sentencing of Tracy Petrocelli in 2019 could have affected the jury's decision.

    Petrocelli, now 69, was first sentenced to die in 1982 for the shooting of James Wilson, a Reno used-car salesman. Petrocelli shot Wilson after he fled Washington state, where 5 months earlier he had killed his 18-year-old fiancee, Melanie Barker.

    In 2017, the 9th U.S. Circuit Court of Appeals upheld Petrocelli’s conviction in that case but ordered a new sentencing after finding in part that his penalty relied on testimony from a psychiatrist who examined Petrocelli without informing him of his Miranda rights.

    He appealed his second sentence, arguing that the verdict forms contained a mistake in the wording as it required a finding “that any mitigating circumstance or circumstances are not sufficient to outweigh the aggravating circumstance found.”

    To impose death, jurors must find at least 1 aggravating circumstance and decide that no mitigating circumstances outweigh the aggravating factors. Jurors considered 3 possible sentences: capital punishment, life in prison without parole or life in prison with parole.

    “We conclude that the error affected Petrocelli’s substantial rights and he is entitled to a new sentencing hearing,” wrote Justices James Hardesty, Lidia Stiglich, Elissa Cadish and Abbi Silver. “Accordingly, we conclude Petrocelli has demonstrated plain error.”

    Washoe County Deputy Public Defender John Petty argued that the verdict forms confused jurors and rendered their verdict unreliable.

    “The relief we asked for is what we got,” Petty said Thursday. “So we’re happy with the decision.”

    Nevada has not executed a prisoner since 2006.

    Petrocelli’s initial appeal of the Wilson murder conviction led the Nevada Supreme Court to establish a three-prong test for whether a defendant’s “prior bad acts” can be included in evidence at trial.

    Since the 1st guilty verdict, Petrocelli has been convicted of two other killings that occurred in 1981. One was of Barker, who was killed in October 1981. The other murder, of Dennis Gibson, was not prosecuted until the late 2000s. In that case, Petrocelli pleaded guilty to 2nd-degree murder.

    All 3 of his victims were killed within 6 months of one another — from October 1981, when he shot Barker, to March 1982, when he killed Wilson. Petrocelli had not been convicted of murdering Barker when he stood trial for the shooting of Wilson, but the jury still learned of her death through testimony at trial.

    In last week’s decision, Justices Douglas Herndon and Ron Parraguirre dissented, while Justice Kristina Pickering did not participate in the decision.

    “Even if error could be found, it did not affect Petrocelli’s substantial rights and therefore reversal is not warranted,” the dissent stated.

    Prosecutors in Washoe County, tasked with deciding whether to continue to pursue capital punishment for Petrocelli, could not be reached for comment.

    (source: Las Vegas Review-Journal)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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