Thursday, Sept. 11, 2008 | 4:13 p.m.
CARSON CITY – The Nevada Supreme Court has ruled that Clark County District Judge Stewart Bell was wrong when he failed to split the trial of John D. Chartier from his co-defendant, both of them charged with murder.
Chartier and David Wilcox were convicted of the 2004 murder of Chartier’s ex-wife Rachel Bernat and her father. Both were stabbed to death outside their home in Las Vegas.
Both men were sentenced to life in prison without the possibility of parole.
Chartier made a motion to split his trial from Wilcox, arguing he had no motive to kill Bernat and her father Carlos Aragon.
The Supreme Court today said Judge Bell abused his discretion in denying Chartier’s motion to sever. And the court sent the case back to district court for another trial for Chartier
Chartier claimed he was not involved in the crimes at any stage and was at his girlfriend’s the night of the killing. He said he was prevented from fully questioning Wilcox at trial.
Wilcox testified that Chartier was present at the scene and was the killer.
But Chartier claimed the direct evidence against Wilcox was “overwhelming” while the evidence against him was minimal.
Chartier, now 39-years-old, is confined at the state prison in Ely.
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