48°F
weather icon Mostly Clear

Attorneys argue murder case against former wrestler, candidate should be dismissed

Attorneys for a former pro wrestler and congressional candidate accused of killing a man at a party in a suite at Resorts World are trying to get his murder indictment dismissed for what they allege were issues with the grand jury process.

Authorities have said Daniel Rodimer, who was endorsed by then-President Donald Trump when he ran for Nevada’s 3rd Congressional District in 2020, attacked Christopher Tapp at a party in October, causing his Nov. 5 death.

Rodimer was angry that Tapp — who spent 20 years in an Idaho prison for a murder he didn’t commit and got an $11.7 million settlement after his release — had offered his stepdaughter cocaine, according to an arrest report. Rodimer has pleaded not guilty to the murder charge.

In a May petition, defense lawyers David Chesnoff and Richard Schonfeld argued that prosecutors presented illegal and prejudicial evidence to the grand jury, did not show exculpatory evidence, meaning evidence that clears someone of a crime, and failed to properly instruct the grand jury.

“The grand jury proceedings were completely tainted and therefore, the case must be dismissed,” Schonfeld said at a Thursday hearing.

District Judge Tierra Jones did not make a decision at the hearing but said she would issue her decision in writing.

Schonfeld said Dani Lyons, who testified to the grand jury that she saw Rodimer tackle Tapp, had ingested cocaine, vodka and tequila before allegedly witnessing the altercation.

Prosecutors should have instructed the grand jury on her credibility as a habitual drug user and did not do so, the defense argued in its petition.

“Absent Dani Lyons’ testimony, there was no other testimony that would implicate Mr. Rodimer in the alleged occurrences in this case. So her testimony was crucial for the state,” Schonfeld said. “She would be what would be commonly referred to as the key witness or star witness, star being really just a characterization because her testimony’s not credible.”

Lyons also testified about conversations she had with Sarah Duffy, Rodimer’s wife, saying that Duffy told her: “If anyone asks you about it, law enforcement wise, to say you didn’t see anything.”

Duffy was not part of the case, Schonfeld said after the hearing, so testimony regarding her alleged conduct did not relate to Rodimer’s actions and should not have been presented.

In a written response to the defense petition, prosecutors argued that Duffy was acting as an accomplice when she tried to dissuade Lyons from speaking to police.

Prosecutors also said they presented potentially exculpatory evidence to the grand jury, including that the original report to the hospital was that Tapp had fallen.

The jury heard testimony that Lyons was using drugs and drinking, and the jury could then decide how to evaluate her testimony based on her credibility, Chief Deputy District Attorney Binu Palal said.

Lyons “saw a lot,” Palal said. “She saw Mr. Rodimer beat down a person to death.”

Contact Noble Brigham at nbrigham@reviewjournal.com. Follow @BrighamNoble on X.

THE LATEST
Man awaiting murder trial found dead in Las Vegas custody

A man who was set to stand trial in May for stabbing and killing a woman died by suicide in late October while in custody at Clark County Detention Center.