Alleged suspect from December 2012 triple homicide appears in court.
Circuit Judge Robert McCallum on Friday morning presided over a pre-trial hearing in the matter of Riakos Lizana II, the 21-year-old accused in a 2012 triple homicide.
In a 20-minute hearing, McCallum granted three of the defense counsel's motions, and denied two others. An evidentiary hearing will be held on another motion filed prior to Friday's hearing, and deferred a discovery motion until the defense and state come to an agreement on it.
Lizana, who was present with his three-person team of public defenders, faces the death penalty for the Dec. 6, 2012, deaths of Bobby Jean "Chino" Galbraith and his two stepdaughters, Marley and Adiele Crutchfield, ages 4 and 6.
One motion brought to the court's attention was the expansion of a jury pool to include not only registered voters but also citizens issued an identification card or driver's license. Deborah Czuba, who appears to be leading the defense, said registered voters in Clark County represent only 60 percent of the population, with the African American population underrepresented. Lizana is African American.
A hearing will be set for that motion at a later date. It is expected to include some testimony and a rebuttal from the state.
McCallum OK'd three other motions presented by the defense. Prospective jurors will be questioned separately; law enforcement may not unconstitutionally obtain statements from Lizana while he's incarcerated; and prosecutors must disclose aggravating circumstances and information relating to mitigating circumstances.
However, the judge denied a motion that would have kept the prosecution from preparing witnesses together. He also rejected a motion that would have allowed the defense to strike 10 additional prospective jurors during jury selection.
Finally, McCallum deferred a ruling on the defense's motion for supplemental discovery, which would require the prosecution to hand over a slew of law enforcement records — including handwritten notes and recorded interviews — as they investigated the murders. The state and defense are to work out what the state will provide to the defense.