Because of trial errors by his lawyer and the prosecution, Julius Caesar Pollard will get a new trial on charges he shot James Hayes in the head in December 1995
Although Pollard admitted firing the gun, he argued it was an accidental discharge that should have gotten him a second-degree murder conviction instead of first-degree and two life sentences.
A Nevada Supreme Court panel of Miriam Shearing, Bob Rose and Bill Maupin agreed there was "little evidence at trial to establish first-degree murder.
"Julius was only 15, in an unfamiliar city with new companions and under the influence of alcohol and marijuana," the order states.
It points out the gun had no safety and that Pollard didn't know the victim and had no reason to harm him.
It says that combined with the failures of his attorney creates "a reasonable probability that the jury would have found second-degree murder."
First, his trial lawyer didn't get the juvenile records of two state witnesses indicating they were on probation and had a possible bias to testify to keep their freedom. Those two witnesses also denied being under the influence that night, which was one of Pollard's arguments supporting his claim the shooting was an accident.
In addition, the court objected to the prosecution's use of the victim's wife and two daughters. None of them witnessed the shooting and the court ruled their testimony was "contrived primarily to arouse the sympathy of the jurors."
"None of these three witnesses was needed to prove or strengthen proof of a material fact in this case."
The high court has previously ruled it is error to have relatives of victims testify when that testimony is not needed to prove the case.
The court also agreed the trial lawyer should have called a forensic psychologist who could have testified supporting Pollard's case.
Finally, the court order says the judge should have allowed a jury instruction that more clearly and fully defined "willful, deliberate and premeditated."
The Supreme Court ruled that because of the cumulative impact of all those errors, Pollard should get a new trial on the charges.
Contact Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.
