Brianna Denison suspect asks for separate trials; prosecutor says cases were close.

posted on: May 1, 2009

The strangulation of Brianna Denison, the rape of another woman at gunpoint in a parking garage and the abduction and sexual assault of a third woman were all distinctly different crimes, and each should be tried separately, a lawyer for James Biela argued this afternoon.

 "They would like the court to believe there was a similar attack pattern," Deputy Public Defender Jay Slocum said of the prosecutors. "Our contention is there is not," he said, and urged Washoe District Judge Robert Perry to sever the three cases.

But Deputy District Attorney Elliott Sattler cited a list of similarities among the three cases -- they occurred near each other at the university, late at night, against women who had similar builds -- and asked the judge to keep the cases together.

"What we have here is a man who basically is a predator," Sattler said. He conducted "sexually motivated attacks on unsuspecting college-aged girls."

"The facts, they all point to the same person committing all of these acts one month after the other," he said. "And they were all conducted within that 400-foot radius on North Virginia Street."

The two rapes were "basically across the street from each other," Sattler said. "That's how close these are. I would suggest that you could throw a rock from one place to the other."

He said it would be like arguing that the Columbine School shootings in Colorado were in different places because the attacks occurred in different classrooms.

"It's all part of the same activity," Sattler said. "Their argument is completely absurd."

Arguments continued into the afternoon. It was not known if Perry would rule today or later.

Source: RGJ

Biela's lawyers ask for three separate trials.

posted on: March 30, 2009

The nationwide attention paid to the disappearance, rape and murder of Brianna Denison, coupled with the list of differences in the two other sexual assault cases for which James Biela is charged, are grounds for breaking the cases into three separate trials, his lawyers said Monday.

"We're concerned that the publicity and the presumption of his guilt in the Denison case will overshadow the two other charges," said Richard Davies, a deputy public defender who filed a motion Friday to split the cases. "For clarity, it would be better to sever the counts."

Deputy District Attorney Elliott Sattler said he had not seen the motion, and declined to comment on the request.

"The state will review the motion and we'll file an appropriate response," Sattler said. "I will not discuss the merits of the motion. Issues like these should be decided in the courtroom, not in the press."

The two sides are scheduled to argue the point at a hearing before Washoe District Judge Robert Perry on April 17. At present, Biela's trial is set for Feb. 22, 2010. He could face the death penalty if convicted.

Denison was a 19-year-old sophomore at a Santa Barbara, Calif., college when she was abducted Jan. 20, 2008, while sleeping on a friend's couch in a house near the University of Nevada, Reno campus.

Her body was found in a south Reno field on Feb. 15, 2008. She had been raped, and was strangled with a pair of thong underwear.

A tip led police to Biela in November, and he was linked to two other cases.
At a December preliminary hearing, he was bound over on rape and murder charges in the Denison case, kidnapping and sexual assault charges in the case of a woman abducted outside her apartment in December 2007, and the rape of a woman at a university parking garage in October 2007.

He has pleaded not guilty.

In his motion, Davies argued that the three attacks "occurred under remarkably dissimilar circumstances."

In the first case, the woman said she was raped at gunpoint, and said her attacker wore a hood over his head, the motion said. Afterward, the woman went home and threw away her clothes. She did not report the alleged attack until Jan. 30, 2008, so no evidence was collected, the motion said.
(2 of 2)

In the second case, the woman was grabbed from behind outside her car and the forced to the ground, the motion said. The attacker forced her into his vehicle, drove her to an unknown location, and made her have oral sex, the motion said. He then returned her to her car and left.

Denison was missing for weeks before being found dead.

"Each crime is a separate assault that occurred one to two months apart, under substantially different circumstances," the motion said. "Thus, as there is no evidence to show that three separate events are part of a common scheme or plan, (holding one trial) is not appropriate."

In addition, since two of the five counts were part of highly publicized case in the Reno community, the motion said, and "the prejudicial effect of permitting a jury to decide the other allegations during the trial of the murder and sexual assault of Brianna Denison is extreme."

"The murder and sexual assault charges are so highly sensitized in the area, the passions of the jury will likely be inflamed to such an extent that the jury cannot fairly assess the remaining counts," the motion said. "There is a distinct possibility that the jurors will convict on the other three counts out of the hostility from the Denison case."

Judge closes courtroom while Biela talks about request to change lawyers.

posted on: March 19, 2009

A Washoe District judge cleared his courtroom today to ask James Biela, the man charged with raping and killing Brianna Denison, why he wants new lawyers.

Over the objections of Reno Gazette-Journal lawyer Scott Glogovac, Washoe District Judge Robert Perry had everyone leave, including Washoe County District Attorney Richard Gammick and Deputy District Attorney Elliott Sattler, while he questioned Biela why he is unhappy with his defense.

Glogovac said that under federal law any criminal proceeding must be open to the public "unless some aspect of the hearing, by being open, would compromise the constitutional rights of the accused."

Perry said he was concerned that during his questioning, Biela might disclose privileged information, and he didn't want to take that risk.

"I don't want to ask questions that would jeopardize the case," Perry said. "It's only safe to ask the questions I intend to ask outside the presence of someone else just in case something comes up.

Biela is represented by Washoe County public defenders Richard Davies and Jay Slocum, but sent an "inmate request form" from the Washoe County Jail on Feb. 23 saying: "I am requesting a meeting with Judge Perry to discuss replacing my lawyers."

Biela was jailed on Nov. 25 on murder, kidnapping and sexual assault charges in the killing of Denison, and the assault of two other women.

Prosecutors offer case against Biela.

posted on: December 11, 2008

The homicide detective who has led the investigation into the death of Brianna Denison testified Wednesday at a preliminary hearing that the first big break in the case came in mid-November, when a DNA sample from a young boy matched others collected in the case.

The boy was the son of James Michael Biela, Reno Police Detective David Jenkins said.

That swab and information from the boy's mother were enough for police to secure an arrest warrant and a warrant to take a DNA sample directly from Biela, Jenkins said.

Biela was jailed Nov. 25 on murder, kidnapping and sexual assault charges. Prosecutors added two additional rape charges and one attempted rape charge, but that last charge was dropped just before the hearing, Deputy District Attorney Elliott Sattler said.

Biela's preliminary hearing in Reno Justice Court ran though Wednesday afternoon and is scheduled to continue this morning. Once complete, Justice of the Peace Patricia Lynch will decide whether there is enough evidence to bind Biela over to Washoe District Court.

Denison, a Reno native, was a 19-year-old student at Santa Barbara City College in Southern California when she disappeared from a friend's house near the University of Nevada, Reno campus early Jan. 20.

Her body was found Feb. 15 in a field in southeast Reno.

She was wearing only socks when found, Jenkins said, and two petite thong-style panties were found next to her knee. A pink pair belonged to K.T. Hunter, one of the students living in the house from which Denison was abducted, Jenkins said.

The owner of the second pair, faded black with little pictures of Pink Panther heads, has not been found, he said.

During emotional testimony, Hunter told of her outings with Denison the night before she disappeared. They had been to a concert at the Reno Events Center on Jan. 19 and returned to Hunter's home early Jan. 20.

Denison settled into a makeshift bed on the couch and sent a text message to her boyfriend at 4:31 a.m., Jenkins said. That was her last communication, he 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