Defense says murder suspect only carried the body

Defense attorney Matt Stermitz said in his opening statement on Wednesday that his client, Kelly Rhyne, only helped dump Brown's body in a trash bin and did not take part in the actual beating.

He said Rhyne has been set up by James Mendenhall of Elko, who pleaded no contest to second-degree murder charges in exchange for helping convict Rhyne.

District Attorney Gary Woodbury said he will seek the death penalty if Rhyne is convicted. And he disputes Stermitz' contention that Rhyne did not take part in the beating.

He said in his opening statement that Rhyne had offensive wounds on his knuckles, indicating he participated in battering Brown.

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