Nevada

Nevada

OUTLIER COUNTIES: Official Misconduct, Race Bias Permeate Death Penalty in Clark County, Nevada

The geographic arbitrariness, high rates of official misconduct, racial discrimination, and poor defense representation characteristic of outlier jurisdictions that disproportionately seek and impose the death penalty in the United States are all present in Clark County, Nevada's administration of the death penalty. From 2010 through 2015, nine death sentences were imposed in Clark County, while no one was sentenced to death in any other county in Nevada during that same period. In an analysis by Harvard University's Fair Punishment Project of the 16 counties that imposed the most death sentences in the United States over that period, Clark exhibited the highest levels of prosecutorial misconduct, with the Nevada Supreme Court finding misconduct in 47% of the Clark County death penalty cases it reviewed on direct appeal since 2006. Part of this, according to the Fair Punishment Project, is attributable to the "sloppiness that comes along with overextended lawyers," but that overextension was itself a by-product of prosecutorial decisionmaking. In 2011, Clark County had more pending capital cases per capita than any other county in the nation. David Roger, who was District Attorney until 2012 when he resigned to become counsel for the Las Vegas police union, refused to offer or accept plea deals in death penalty cases. At that time, Clark County exhibited another charactistic present in many counties that overaggressively pursue capital punishment: police violence against civilians. The county was the subject of numerous citizen complaints describing police brutality, deadly force, and excessive use of force disproportionately directed at racial minorities, and the ACLU and NAACP had petitioned the Justice Department to investigate what it called a pattern of civil rights abuses by law enforcement. In 2015, Clark ranked fourth in the nation in the per capita rate of police killings of civilians. Racial bias also plagues Clark County death penalty cases: the Nevada Supreme Court overturned two convictions in less than two years because of race discrimination in jury selection by Clark County prosecutors. In the period covered by the Fair Punishment Project report, 71% of victims in cases that resulted in a death sentence were white, though only 33% of murder victims in Las Vegas, which composes most of Clark County, were white. The exoneration of Roberto Miranda highlights another systemic problem in Clark County death penalty cases: inadequate representation. Roberto Miranda spent 14 years on death row before being exonerated, and later sued the county for poor public defense practices, including assigning inexperienced attorneys to capital defendants. In a court filing, the county responded, "As a matter of law, attorneys who have graduated from law school and passed the bar should be considered adequately trained to handle capital murder cases." Over the period of the Fair Punishment Project study, the case for life presented by defense lawyers in the cases that resulted in death verdicts lasted an average of only 1.1 days. Clark County's death penalty practices have also been extremely costly. A University of Nevada-Las Vegas study estimated in 2012 that the 80 capital cases prosecuted in the county would cost $15 million more than if they were to be prosecuted without the death penalty.

VICTIMS: Death Penalty Dropped at Request of Victim's Mother

Cynthia Portaro, whose son, Michael (pictured), was killed in 2011, stood before a Nevada courtroom on February 23 and asked prosecutors to stop seeking the death penalty for the man convicted of her son's murder. Prosecutors agreed to the request and said they would ask the judge to sentence Brandon Hill to life without parole. Portaro said, “I personally didn’t want to see another person die. I got what I wanted — an apology from Brandon. I felt a sense of relief that there is no hatred, animosity, anger.” Joseph Abood, Hill's defense attorney, said, “I’ve never seen anything like it. ... I’m just happy that the healing for everybody can start today. … He’s matured a lot since this killing, and I’m glad he’s finally able to recognize that he made a grave error and to know that he needs to apologize.” In the years since her son's death, Portaro has started a support group to help others through the loss of loved ones. “I just help other families through trauma, give them hope, give them tools, guidance, comfort, love, support, knowing that if they can see me being able to do it, they can do it, too,” Portaro said. “It helps me to help others."

COSTS: Capital Cases in Nevada Much More Expensive Than Non-Death Penalty

A recent study commissioned by the Nevada legislature found that the average death penalty case costs a half million dollars more than a case in which the death penalty is not sought. The Legislative Auditor estimated the cost of a murder trial in which the death penalty was sought cost $1.03 to $1.3 million, whereas cases without the death penalty cost $775,000. The auditor summarized the study's findings, saying, "Adjudicating death penalty cases takes more time and resources compared to murder cases where the death penalty sentence is not pursued as an option. These cases are more costly because there are procedural safeguards in place to ensure the sentence is just and free from error." The study noted that the extra costs of a death penalty trial were still incurred even in cases where a jury chose a lesser sentence, with those cases costing $1.2 million. See Chart below.

COSTS: Death Penalty Cases in Nevada Cost $200K Extra, Just for Defense

A recent study of the death penalty in Nevada compared the costs of defending capital and non-capital murder cases. The study, conducted by Dr. Terance Miethe of the Department of Criminal Justice at the University of Nevada, Las Vegas, looked at the time spent by defense attorneys at various stages of a case. The study’s findings included:
- Clark County public defense attorneys spent an average of 2,298 hours on a capital murder case compared to an average of 1,087 hours on a non-capital murder case--a difference of 1,211 hours, or 112%.
- Defending the average capital murder case in Clark County cost $229,800 for a Public Defender or $287,250 for appointed counsel. The additional cost of capital murder cases was $170,000 to $212,000 per case compared to the cost of a non-capital murder case in the same county.
- The 80 pending capital murder cases in Clark County will cost approximately $15 million more than if they were prosecuted without seeking the death penalty. More results below.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

COSTS: Nevada Senate Approves Bill to Study Death Penalty Costs

On May 28, the Nevada Senate passed a bill authorizing an audit of the cost of the state's death penalty.  By a vote of 11-10, the Senate called for the legislative auditor to compare the costs of prosecution and appeals in capital cases to non-death penalty cases, examining the cost of defense lawyers, juries, psychiatric evaluations, appellate and post-conviction proceedings. The auditor would also examine the cost of an execution, including the costs of facilities and staff. The report would be due Jan. 31, 2013. Nevada has not had an execution since April 2006, and has 77 inmates on death row. The bill originally called for a moratorium on executions, but prison officials said they did not presently have the drugs to carry out an execution anyhow.  The bill now goes back to the Assembly.

Growing Death Penalty Caseload for One Nevada County Causing Cost Concerns

Clark County, Nevada, has more pending death penalty cases per capita than any other urban county in the country. According to a review by Nevada Attorneys for Criminal Justice (NACJ), Clark County (Las Vegas) currently has 80 trials in which prosecutors are seeking the death penalty.  By comparison, Maricopa County in Arizona has the most pending death cases (130), but it has twice the population of Clark County.  Los Angeles County, California, has 33 pending death penalty cases, with 5 times Clark's population. Recently, the cost of the death penalty has become a concern for state legislators. Assemblyman Tick Segerblom is promoting a legislative study on the costs of capital cases in Nevada. He said, "At this point it's a financial issue. David Roger is over budget, and yet he has 80 death penalty cases pending. Washoe County only has one. Why is he wasting our money pursuing the death penalty when there is no money and it's virtually impossible to actually put someone to death?" Other studies estimate that death penalty trials cost $1 million more than trials in which the prosecutors seek life without parole. "The cost of killing killers is killing us," said Paola Armeni, president of NACJ.

Amidst Nebraska Execution-Secrecy Controversy, California Judge Lets Execution-Access Lawsuit Proceed

As lawyers for Nevada told their state supreme court that a controversial Nebraska execution had been carried out without problems, a federal judge issued a ruling allowing a lawsuit to proceed that would force California to allow media witnesses to observe executions in that state in their entirety. The developments in the cases in the two states highlight an ongoing controversy over the lack of transparency and accountability in recent lethal-injection executions. Attorneys representing the Nevada Department of Corrections said in a court filing on August 16, 2018 that media witnesses to Nebraska's four-drug execution of Carey Dean Moore, which used three of the drugs Nevada plans to use to execute Scott Dozier, "reported no complications, only some coughing before Moore stopped moving." They failed to report to the court that the witnesses did not see when the lethal-injection chemicals had been administered or what lethal-injection expert, Fordham Law Professor Deborah Denno, called "[t]he parts of the execution that would be most problematic" - when the IV lines are set and the period after the final drug is administered. Those occurred behind drawn curtains. Contrary to what Nevada's lawyers told the court, the Lincoln Journal-Herald, compiling witness observations to the execution, wrote: "Nebraska witnesses actually reported Moore coughed, his diaphragm and abdomen heaved, he went still, then his face and fingers gradually turned red and then purple, and his eyes cracked open slightly. One witness described his breathing as shallow, then deeper, then labored." Nebraska College of Law Professor Eric Berger, who studies the death penalty, called the eyewitness reports "somewhat troubling." He said, "It's certainly possible that everything went smoothly and humanely, but it's also possible that it didn't ... We just don’t have enough information to make that determination." Similar concerns with the ability of the public to view potentially problematic executions animated the federal court's ruling on the California execution process. Noting that the public has a First Amendment right to “view executions from the moment the condemned is escorted to the execution chamber," federal district court judge Richard Seeborg denied a motion filed by lawyers for the California Department of Corrections seeking to dismiss a lawsuit challenging administrative rules that bar the public from viewing the preparation and injection of lethal drugs and to keep the curtain open through the completion of the execution process. Christopher S. Sun, who represented media plaintiffs The Los Angeles Times, KQED, and the San Francisco Progressive Media Center, called public access to executions "critical to informing our national dialogue about the death penalty" and said the suit was filed to ensure that the public knows what actually happens during an execution. Sun said current California state regulations afford execution personnel discretion during the execution to draw the curtain on the window through which witnesses see the execution and require the curtain to be closed and the public address system turned off if three doses of the lethal-injection drugs fail to kill the prisoner, denying important information to the public in a matter of heightened public interest. In allowing the suit to proceed, the court said the media had made a threshold showing that it was entitled to observe prison personnel "preparing the chemicals[,] ... the process of administering the chemicals," the entire execution itself, and "the administration of medical care ... in the Lethal Injection Room" in the event of a failed or botched execution. The California lawsuit is not the first of its kind. In 2016, an Arizona federal court ruled that the First Amendment affords the public the right to view executions in that state in their totality.

Pages