Friday, May 30, 2003 | 11:18 a.m.
A 17-year-old girl will face the death penalty in the stabbing attack that left a toddler dead, but the teen's attorneys claim their client is the latest example of Nevada's "arbitrary application" of the death penalty.
District Attorney David Roger announced Thursday that prosecutors will seek the death penalty against Monique Maestas and her 19-year-old brother, Beau.
The Maestas siblings are charged in the January attack that killed 3-year-old Kristyanna Cowan and left her sister, Brittney Bergeron, 10, paralyzed from the waist down.
Roger also announced Thursday that the death penalty will be sought against Alfonso "Slinkey" Blake, who faces charges in a separate murder case in Clark County, Roger said.
Blake is charged in the triple shooting that killed Sophear Choy, 19, and Priscilla Van Dine, 22. Kim Choy, 23, was shot in the head and hands in the incident.
Police allege Blake shot the women execution-style in a desert area in southwest Las Vegas after an argument while the four were moving furniture and personal belongings from Blake's home.
Blake's attorney, Pete Christiansen, could not be reached this morning for comment.
Roger said prosecutors believe both Maestas teens played active roles in the brutal slaying of Cowan. He said he agrees with the state law that allows teens 16 and over in Nevada to executed.
"My perspective is that a 16-year-old who commits murder in the first degree must face the ultimate punishment," he said.
But Deputy Special Public Defender Kristina Wildeveld Coneh, who handles juvenile matters for the office, said the announcement was typical of the jurisdiction's "random" application of the death penalty.
"It doesn't surprise me because the state seems so arbitrary when it comes to the people they choose to seek the death penalty against," she said. "It's unfortunate that we're continuing down this path."
Coneh has for years tried to challenge the death penalty law in Nevada as it relates to juveniles.
She also disagrees with the state law that automatically certifies as adults children 8 and older charged with murder, attempted murder and some sexual assaults.
"It's the 21st century, and we're still in the archaic ages when it comes to whether or not we should kill children," she said.
The teens are expected to appear before District Judge Donald Mosley for a status check on June 23.
Roger said members of the state's death penalty review committee decided to seek death against the Maestas siblings after a single meeting.
The committee, made up of prosecutors, examines first-degree murder cases in secret and determines whether the state will seek the death penalty.
Roger would not comment directly on what was discussed at either the meeting. Roger and Assistant District Attorney Chuck Thompson sit on the committee, along with other, unidentified attorneys.
Roger said the committee's purpose is to determine whether there are enough aggravating circumstances to warrant the death penalty and whether a death sentence would hold up on appeal.
In reviewing the Maestas case, Roger said, the committee determined two aggravating circumstances -- the murder was committed in the commission of a burglary and the murder involved a victim under 14.
The aggravating circumstances in Blake's case include the fact that the murder involved the killing of more than one person and that the murder was partially motivated to avoid arrest, he said.
"The Supreme Court has concluded that first-degree murder cases are more heinous than others and certain circumstances must be met before the state can seek the death penalty," he said.
But Deputy Special Public Defender Phil Kohn, another one of Monique Maestas' attorneys, said the secret nature of the death penalty review committee hinders the fairness of the judicial process.
Kohn said he has seen a marked increase in death penalty cases within the past year. His office has 10 death penalty cases so far this year, compared with three in 2003, he said.
Monique Maestas is the fourth teenage defendant he has represented who is facing the death penalty, he said.
"We have absolutely no idea how the district attorney's office arrives at this decision," he said. "I really hate secrecy in government. Government should be open."
Beau Maestas' attorney, Deputy Public Defender Joe Abood agreed, saying the state's decision to seek the death penalty against his client was "not surprising."
Defense attorneys constantly file motions asking that the state's process of deciding to seek death is revealed. The motions are routinely denied, he said.
"That's the reason why we oppose the death penalty," he said. "Because it's completely arbitrary the way it's applied. I think we'll see them seek the death penalty on many more cases in the future."
Coneh said the public's right to know is equally important. She said a citizen's review committee should be created to review the death penalty committee's decisions.
"It should be up to elected officials to ensure that the public knows how these decisions are made," she said.
"That's a red herring," was Roger's response.
Roger said the committee files the notice of intent to seek the death penalty, but the ultimate decision to execute a convicted killer lies in the hands of the jury.
"Ultimately it's up to the community to make the decision," he said.
Roger also denied that the state has filed an unusual number of death penalty cases within the last year.
"We've seen a lot of very heinous murder cases come to our attention," he said. "I don't know of any statistics that prove we're filing more complaints than ordinary."
Prosecutors say the Maestas siblings stabbed the children in a trailer outside the CasaBlanca casino in Mesquite. Authorities said the girls' mother, Tamara Bergeron, and her boyfriend, Robert Schmidt, were in the casino at the time.
A police report says Beau Maestas told police the attack came in retaliation for a bogus drug deal with Bergeron and Schmidt. He claimed the couple sold him $125 worth of methamphetamine that turned out to be table salt, police said. Bergeron denies the allegation.
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