Death Sentence Reinstated For Las Vegas Murder

[SoulTrainOz]

In a four-to-three ruling, the Nevada Supreme Court reinstated the death sentence ordered for Kitrich Powell for the 1989 murder of the four-year-old daughter of a woman with whom he was living in Las Vegas.

The majority opinion, by Justice Nancy Becker, overturned a Clark County District Court judge's determination that Powell's trial lawyers were ineffective because they failed to call Powell's two brothers to testify during the penalty phase of his trial.

Chief Justice Bob Rose, joined by Justices Bill Maupin and Mark Gibbons, dissented. Rose wrote that pleas by Powell's brothers could have countered the view that "no one in the world was willing to come forward and ask that his life be spared."

Becker said the failure by defense lawyers to call the brothers as witnesses for Powell wasn't prejudicial.

Source: The Associated Press & KRNV
www.krnv.com/Global/story.asp?S=5150750&nav=8faO

[SoulTrainOz]

In a 4-3 ruling Thursday, the Nevada Supreme Court reinstated the death sentence ordered for Kitrich Powell for the 1989 murder of the 4-year-old daughter of a woman with whom he was living in Las Vegas.

The majority opinion, by Justice Nancy Becker, overturned a Clark County District Court judge's determination that Powell's trial lawyers were ineffective because they failed to call Powell's 2 brothers to testify during the penalty phase of his trial.

Chief Justice Bob Rose, joined by Justices Bill Maupin and Mark Gibbons, dissented. Rose wrote that pleas by Powell's brothers to spare his life could have countered the view that "no one in the world was willing to come forward and ask that his life be spared."

Rose noted that prosecutors in closing trial arguments stressed to jurors that a defense investigator "could not find one person to testify for Powell, not even his brother or sister." He added that argument could have been countered had it not been for "the deficient performance of defense counsel."

Becker said in the majority opinion that the failure by defense lawyers to call the brothers as witnesses for Powell wasn't prejudicial, adding, "There is no reasonable probability of a different penalty-phase result even if the brothers had testified."

"The victim here was a 4-year-old girl whom Powell repeatedly battered and eventually killed," Becker said. "The helplessness and blamelessness of the victim made this a particularly outrageous crime."

Becker also noted that Powell had a lengthy criminal record, including burglaries, robberies and assault with intent to rape.

The decision is the latest of several involving Powell. His 1991
conviction was upheld earlier by the state high court, but the U.S.
Supreme Court ordered another review. That ended with the state Supreme Court again ruling against Powell.

Powell appealed again in 1998, and in 2002 a lower court judge ruled that his lawyers were ineffective in the penalty phase of his trial. Evidentiary hearings followed in 2003 and 2005, leading to then-Clark District Judge John McGroarty's decision to set aside Powell's death sentence. Prosecutors then appealed to the state Supreme Court.

(source: Las Vegas Sun, July 13)