Jones v. State

937 P.2d 55, 113 Nev. 454, 1997 Nev. LEXIS 52
CourtNevada Supreme Court
DecidedApril 24, 1997
Docket28176
StatusPublished
Cited by38 cases

This text of 937 P.2d 55 (Jones v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. State, 937 P.2d 55, 113 Nev. 454, 1997 Nev. LEXIS 52 (Neb. 1997).

Opinions

[458]*458OPINION

By the Court,

Rose, J.:

On May 11, 1992, a jury convicted appellant Edward Lee Jones (Jones) of one count of murder with the use of a deadly weapon for the August 22, 1991 slaying of his girlfriend, Pamela Williams. Jones was sentenced to death on May 26, 1992. On appeal, this court reversed Jones’ conviction and sentence and remanded the case for a new trial, due to ineffective assistance of counsel.

On November 8, 1995, following Jones’ second trial, a jury found him guilty of one count of first degree murder with the use of a deadly weapon. At the penalty phase, ending November 14, 1995, the jury returned a special verdict, finding two aggravating circumstances — that the murder was committed by a person previously convicted of a felony involving use or threat of use of violence, and the murder involved the mutilation of the victim, and three mitigating circumstances — that the murder was committed while the defendant was under the influence of extreme mental or emotional disturbance, the defendant acted under duress or under the domination of another person, and other unspecified mitigating circumstances. The jury found that the aggravating circumstances outweighed the mitigating circumstances and imposed a sentence of death.

Jones filed this direct appeal challenging both his conviction and his sentence of death, alleging (1) prosecutorial misconduct in the guilt and penalty phases, (2) Brady violations, (3) violation of a discovery order, and (4) unfair surprise via testimony of an unendorsed witness.

We conclude that Jones’ claims are without merit and affirm both the conviction and the sentence.

FACTS

Facts pertaining to the crime

After a night of drinking and smoking crack cocaine with his brother (Gary), Jones returned to the trailer on North Nellis where he lived with his girlfriend, Pamela Williams (Williams), and Williams’ two young children, Charlene (age six) and Demetrius (age three). Somewhere around 8:00 a.m. on August 22, 1991, Jones and Williams got into a fight. Charlene woke up to find her mother crying and struggling with Jones over what appeared to be a bank card. Jones told Charlene to go back to bed and led Williams into the master bedroom.

[459]*459Charlene went back to sleep. At some point, Jones stuck his head into Charlene and Demetrius’ room, and told Charlene that he would get her some cereal. Charlene woke up several hours later and Jones was gone. She went to the master bedroom to find her mother, but the door was locked. Charlene went to the kitchen and retrieved a fork, and then a knife, which she used to pry open her mother’s bedroom door. Charlene discovered her mother’s bloody corpse sprawled between the master bedroom and the entrance to the master bathroom. Charlene retreated to her room, where she cried herself to sleep. Then, at approximately 1:30 p.m., she woke up and ran to her neighbor’s trailer in the adjacent lot. The neighbor checked on Williams, ascertained that she was dead, and called the police from her trailer, as the phone in Williams’ trailer was not working.

While the police were en route to the Nellis trailer park, three members of the North Las Vegas Police Department were visiting Jones’ brother’s apartment complex to teach the owners how to minimize crime in the area. Two plain-clothed policemen, Herbert Brown (Brown) and Randy Wohlers (Wohlers), and one uniformed officer, Lester Morton (Morton), arrived at the complex to perform their “security survey” at approximately 2:00 p.m. At this time Jones was with Gary in Gary’s apartment.

Officers Brown, Wohlers, and Morton rode the elevator up to the third floor of the building, where they were greeted by Rosalee Matthews (Matthews), the mother of Jones and Gary. Matthews testified that Jones had seemed worried about Williams and asked her to telephone the Nellis trailer to check on Williams. When Matthews told Jones that she could not get through to Williams, Gary asked Matthews to telephone the police or his probation officer because he was worried about the fact that he had been taking drugs while on parole. On her way to the pay telephone she met the three policemen and asked them to come to her son’s apartment, stating “my boys would like to talk to you guys.” The three men accompanied Matthews to Gary’s apartment. Gary told Brown that he had been using illegal drugs and did not know what to do about a meeting with his probation officer scheduled for later that afternoon.

After advising Gary to be honest with his probation officer, Brown began speaking with Jones. Jones told Brown that he and his girlfriend had had a fight and that he thought that he had “hurt her bad.” After Jones gave Brown the address where the fight had occurred, Brown instructed Morton to radio the communications bureau to notify the Metro police of the address; Brown recalled having heard over the police radio on his way to survey the Pecos apartments about a homicide at the Nellis trailer park. When Morton confirmed that there had been a murder at the address [460]*460given by Jones, Brown read Jones his Miranda rights, while Jones began to cry.

Meanwhile, Detectives Norman Ziola (Ziola) and Karen Good (Good) had arrived at the Nellis crime scene at approximately 2:30 p.m. After performing a cursory inspection of the interior of the trailer, Ziola was apprised of the information gleaned by the North Las Vegas policemen at Gary’s apartment. Ziola proceeded to the Pecos apartments where he re-advised Jones of his Miranda rights and took Jones and his brother to the detective bureau. En route to the bureau, Jones signed a consent form allowing the police to search the Nellis trailer.

Detective Good was in charge of investigating the crime scene. She testified that she discovered Williams’ body lying between the master bedroom and master bathroom, covered with a green quilt. Coagulated blood surrounded the head and shoulders of the body and partially dried blood stained the shirt worn by Williams, the quilt, a robe, and a pile of shorts, underwear, and shoes stacked in the room. After removing the quilt, police noted some thirty stab wounds to Williams’ body and a blood covered butcher knife lying under Williams’ right foot. In the bathroom, Good found blood in the sink and on the countertop, along with a Band-Aid box and an empty Band-Aid wrapper. A bloody palm print, which would later be identified as Jones’ to the exclusion of all others, marred the bedroom wall by the doorway to the master bathroom.

The drawers of the bedroom dresser appeared ransacked, and papers were spread about the bed. Williams’ children’s birth certificates and Williams’ personal identification card were found beneath her body. There was no sign of forced entry or theft; Williams’ body still had numerous pieces of jewelry on it. There were no signs of disarray in the rest of the trailer; however, in the kitchen the third drawer down was open, in which the police observed a clean knife similar to the bloody one found in the master bedroom beneath the victim.

The forensic pathologist, Dr. Green, would later testify that Williams had been stabbed approximately thirty-five times in her upper torso and neck, front and back. Of the thirty plus stab wounds, three or four were superficial, the remainder pierced or severed various organs, including the windpipe, lungs, and liver. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
937 P.2d 55, 113 Nev. 454, 1997 Nev. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-nev-1997.