Conviction overturned in LV murder

CARSON CITY -- In a 3-2 decision, the Nevada Supreme Court Thursday overturned the first degree murder conviction of Vincent Turner because former District Judge Don Chairez failed to disqualify himself in the case.

Turner was convicted at trial of the murder of Marnie Hickman in February 1992 in a plot with two other men to steal cocaine that was hidden in her Las Vegas home.

Chairez had worked for the Clark County District Attorney's Office and appeared at two of Turner's pre-trial hearings. Chairez then became a district judge. At a pre-trial hearing, Turner and his attorney were asked if they wanted Chairez to be disqualified. They both said no.

Later Turner changed his mind and sought to get Chairez off the case. However his motion was denied.

The Supreme Court, in the majority opinion written by Justice Cliff Young, said the law requires a judge who has served as an attorney in a case to step down.

Justices William Maupin, who wrote a dissenting opinion, agreed Chairez should have disqualified himself. But he said that error created only an appearance of bias which does not require a reversal of the verdict.

Maupin said the involvement of Chairez while a deputy district attorney was nominal in the case; Turner did not receive the maximum sentences and the evidence of guilt was overwhelming since Turner had confessed to the crime.

Maupin and Justice Robert Rose said this was harmless error.

Turner was sentenced to two consecutive life sentences with the possibility of parole and an additional 30 years. Turner had two crime partners, Darryl Fuller and Armond Brown who actually pulled the trigger that killed the woman.

Brown was later killed, apparently as revenge for the murder Hickman who was the girlfriend of a drug dealer. Fuller pleaded guilty in a plea agreement.

Chairez resigned in May as district judge to run for Congress.

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