Biela Guilty of Murder, Kidnap and Rape

posted on: May 28, 2010

Jurors convicted James Biela Thursday of raping and strangling a 19-year-old college coed during a string of attacks that had the city of Reno on edge two years ago and now will decide whether to sentence him to death.

A Washoe County District Court jury found Biela guilty of all five counts tied to the murder of Brianna Denison and sexual assault of two other young women.
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Biela showed little emotion, standing with his hands crossed in front of his waist as the verdict was read.

"It's a good verdict, well deserved," District Attorney Dick Gammick said. "Cases like this always strengthen my faith and belief in the jury system."

The same jury that took about six hours to reach a verdict now must decide whether the 28-year-old Sparks man should be sentenced to death.

The sexual assaults began in the fall of 2007 around the University of Nevada, Reno campus just north of the downtown casino district and culminated in Denison's strangulation in January 2008.

Detectives said it was the work of a serial rapist who stalked petite women and had a fetish for thong underwear.

Fueled by thousands of tips and calls to an anonymous hot line, a nine-month-long manhunt led them to Biela, who was arrested in November 2008 after his ex-girlfriend let police take DNA from their son.

Biela's public defenders called one witness during the trial, a DNA expert who argued there was less certainty in the DNA match than prosecutors contended, partly because the samples were gone when he went to test them to verify the county crime lab's conclusions.

Biela, an ex-Marine who studied martial arts, initially told District Judge Robert Perry earlier this week that he wanted to testify on his own behalf but then changed his mind on the advice of his lawyers.

Denison, a sophomore at Santa Barbara City College, had been home visiting friends when she was kidnapped while sleeping on a friend's couch near the Reno campus on Jan. 20, 2008.

Her body clad in only in socks was found in a field 26 days later beneath a discarded Christmas tree, along with two pair of thong underwear.

The two other assault victims said their assailant took their underwear.

After the verdicts were read, Denison's mother, Bridgette Denison, said the family would have no comment until sentencing was completed. Biela's lawyers also declined to comment.

Deputy District Attorney Elliott Sattler began his closing arguments late Wednesday with a reference to the comment a co-worker of Biela's said he made the day Denison's body was found: "The (expletive) probably had it coming."

Sattler said that comment offered "chilling insight into the mind of a killer."

Jay Slocum, one of Biela's public defenders, said prosecutors were glossing over significant differences in the three attacks that would suggest the crimes were not committed by the same person.

Jurors began hearing later Thursday from witnesses during the penalty phase of the trial.

Deputy District Attorney Chris Hicks said prosecutors would be seeking the death penalty. "This has been an emotional trial. It's about to get more emotional," Hicks said.

 

No word from Biela jury as deliberations continue this morning

posted on: May 27, 2010

11 a.m. update: Two hours and counting as the jury in the James Biela murder trial continues deliberations this morning.

No word yet.

The seven-woman, five-man jury has not asked any questions yet, the bailiff's said. They'll have lunch in the jury room if no verdict is reached by noon.
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9:25 a.m. update: The jury in the James Biela murder and sexual assault trial is a punctual bunch.

Washoe District Court Judge Robert Perry ordered them to return to court at 9 a.m. today to continue their deliberations, but the seven women and five men arrived early, so they began discussions at 8:40 a.m.

The panel was sent into the jury room Wednesday at about 5:23 p.m. after the prosecutor and defense lawyer finished their closing arguments. A bailiff brought them three large pizzas and they started their work.

With no verdict reached, Perry sent them home at 7 p.m.

The jury is considering five charges for three victims. Biela is charged with raping and murdering Brianna Denison in early 2008, and sexually assaulting two other students in late 2007. He also faces a kidnapping charge in one of the rapes.
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The jury deciding the fate of James Biela will return to its deliberations at 9 a.m. today.

The seven-woman, five-man jury began considering the five charges against Biela at about 5:30 p.m. Wednesday, after the prosecutor and defense lawyer finished their closing arguments.

Judge Robert Perry sent them home at 7 p.m. and told them to return this morning.

The trial is completing its third week.

Biela is charged with raping and strangling Brianna Denison, a 19-year-old college student, in early 2008. He also faces one count each of kidnapping and sexual assault in a December 2007 attack, and one count of sexual assault with a deadly weapon in an October 2007 rape at a university parking garage.

If the jury finds him guilty of murder, the trial will move into a penalty phase. The prosecution is seeking the death penalty.

Biela case to have closing arguments this morning

posted on: May 26, 2010

Now that the last witness has testified, prosecutors and defense lawyers will make their final points this morning in the James Biela murder and sexual assault trial before sending the case to the jury.

Closing arguments begin after Judge Robert Perry reads instructions to the jury. Deliberations could begin as early as this afternoon.

Prosecutors finished presenting their case Monday after calling 59 witnesses over nine days of testimony. Biela's defense lawyers called one DNA expert before resting their case Tuesday.

Biela is charged with raping and strangling Brianna Denison, a 19-year-old college student, in early 2008, and sexually assaulting two other college students in late 2007.

If found guilty on the murder charge, the case will move into a penalty phase during which prosecutors will present evidence to support their call for the death penalty.

Ex-girlfriend doubts Biela's innocence

posted on: May 25, 2010

Just after a Reno police detective told James Biela he was a suspect in the 2008 murder of Brianna Denison, Biela called his girlfriend and set up a meeting at their home.

"He was upstairs in the bedroom, and he was pacing back and forth," Carleen Harmon testified Monday.

Biela told Harmon that she had to provide an alibi for him. In the days that followed, he began "drinking excessively," she said.

Harmon said she did not challenge his demand for an alibi, even though she couldn't provide one, and tried to calm him during that period. After he was arrested Nov. 25, 2008, she went to the police station and tried again.

"As you walked into that room, do you think he had done something then?" Deputy District Attorney Elliott Sattler asked, referring to her meeting with Biela in an interrogation room.

"No," she said.

"You were going out of your way because you still believed in him?" Sattler said.

"Yes," she said.

"Has that changed?" Sattler asked.

Biela's defense lawyer objected.

Before Judge Robert Perry could rule, Harmon answered "yes."

At the end of her testimony, the prosecution rested, and the defense began.

Biela is charged in the rape and murder of Denison in early 2008 and the sexual assault of two other women in late 2007. His trial in Washoe District Court started May 10 and is expected to go to the jury before the end of the week. Prosecutors are seeking the death penalty.
Lab criticized

The first defense witness was a DNA and paternity expert who criticized the Washoe County crime laboratory decision to use all of the swabs they collected in the case to establish DNA profiles, making it impossible to check their results.

"A better way of doing this would be to split it in half," said Roger Vincent Miller of Chromosomal Laboratories in Phoenix. "The question is was there a justification for doing this, and I'm not sure there was."
Breakdown

Biela's former girlfriend said Biela moved into her house soon after they met, and for some time, they got along "fairly good."

Harmon said she sold her house, bought a new one in Sparks and put Biela's name on the deed even though he did not contribute financially to the purchase. She also bought him a Toyota truck to help him get to work at Lake Tahoe in the winter, she said.

The Bring Bri Justice Foundation has created the Brianna Guide to aid in the search for a missing person. Additionally, the Foundation has created a search team to work with law enforcement in recovering missing persons. Currently, the search team is undergoing training from the Washoe County Sheriff's Department. The Foundation Center, in the Smithridge Shopping Plaza, will serve as the search center, in the event that someone from Washoe County is missing. If so, we will be in need of both search volunteers as well as donations, so please add your name to the volunteer list and donate using this web page.
 

100% of proceeds go to The Bring Bri Justice Foundation