Man who buried wife in yard loses appeal before state Supreme Court

Monte Meier was convicted of second-degree murder in April 1997, almost a year after investigators found the body of his wife Julie buried in the back yard of the couple's home on Hawthorne Way.

The Nevada Supreme Court agreed in a 15-page opinion issued Friday that a prosecutor was wrong to refer to a forensics expert for the defense as a "clown and liar."

But the justices concluded the unfair treatment claimed by Meier's lawyers do not warrant reversal of a jury conviction or a new trial.

Prosecutors successfully argued that Meier killed his wife, then forged her name so he could sell the house.

Meier's attorneys argued that Julie Meier died of alcohol-related liver failure.

Meier admitted burying Julie after finding her dead on the floor of their home in 1994, but said he didn't know how she died and concealed her death for fear he would be blamed.

No definitive cause of death was established and Meier's appeal argued there was insufficient evidence to establish that Julie died by criminal means.

But Justices Cliff Young, Miriam Shearing and Myron Leavitt concluded there was "sufficient evidence" of criminal activity.

"This case does not involve the strong likelihood of death by natural causes," they wrote.

The appeal also challenged District Judge Dave Gamble's decision to allow testimony on alleged domestic abuse suffered by Julie, the timing and relevance of the allegations and "prosecutorial misconduct" resulting in an unfair trial.

The domestic violence testimony, Meier's attorneys said, did not include "clear and convincing evidence" showing Meier committed the acts, and even if the evidence was relevant, it was unfairly prejudicial.

"We conclude that evidence of a history of repeated, severe violence is highly probative in a murder case where serial domestic violence is involved," the court said.

"Evidence of Meier's years of physical abuse of Julie was essential to establishing the intent, motive and absence of mistake or accident required under (state law)..."

The misconduct accusations involved comments made by Douglas County Deputy District Attorney Tom Perkins about the defense's star witness, forensics expert Michael Baden. Perkins was also assailed by Meier's attorneys for alluding to the allegations of domestic violence in his closing arguments.

"After careful review of Dr. Baden's testimony and the record as a whole, we conclude that while the prosecutor should not have stated that Dr. Baden was a clown and a liar, these comments do not warrant reversal," the decision said. "We conclude that any potential misconduct was minimal and does not warrant reversal."

Meier was sentenced to life in prison on the murder charge and is imprisoned at the Lovelock Correctional Center.

He must serve at least five years before he is eligible for parole. A one- to four-year term was ordered for the forgery charge, to be served consecutive to the murder sentence.

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