Court says treaty doesn't protect condemned killer

CARSON CITY -- The Nevada Supreme Court Friday rejected the appeal of condemned killer Michael Domingues, who argued that an international treaty prohibits the execution of persons who commit capital offenses before they turn 18.

Domingues was 16 when he was charged with murdering Arjin C. Pechpo and her 4-year-old son, Jonathan Smith, during a robbery attempt in their Las Vegas home in October 1993.

Attorney's for Domingues argued that the U.S. Senate in 1992 ratified the International Covenant on Civil and Political Rights, which says a death sentence should not be imposed for crimes committed by persons under age 18.

But the court, in a 3-2 decision, said the U.S. Senate, in ratifying the treaty, declared that this nation reserved the right to impose capital punishment on those under 18.

Justice Cliff Young, in the majority decision, said this action by the U.S. Senate negates Domingues' claim. Nevada law says the death penalty shall not be imposed upon persons under 16 years old at the time of the offense.

Young said the death penalty was legally imposed in the Domingues case.

Chief Justice Charles Springer, in his dissent, said the United States was a party to this treaty and these ordinarily become "the supreme law of the land." He said under the decision of the majority, the "United States will be joining hands with such countries as Iran, Iraq, Bangladesh, Nigeria and Pakistan in approving death sentences for children."

Justice Bob Rose, who joined with Springer in dissenting from majority opinion, said there should be a hearing in District Court on how to interpret the U.S. Senate's declaration.

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