Trial of tattooed neo-Nazi put on hold
The robbery trial of Bayzle Morgan, whose neo-Nazi tattoos were ordered concealed in front of jurors, was suspended Wednesday after prosecutors said they wanted the Nevada Supreme Court to clarify the wording for a verdict form.
A separate death penalty case against the 24-year-old could hinge on the high court’s decision.
In the current case, Morgan faces a charge of robbery with a deadly weapon in connection with a motorcycle that was stolen in May 2013, just days after prosecutors say he killed 75-year-old Jean Main inside her home.
Defense lawyers want jurors to have a choice between robbery and a lesser charge of larceny from the person.
After District Judge Richard Scotti ruled that a verdict form should allow jurors an additional selection, Chief Deputy District Attorney Giancarlo Pesci asked to put the trial on hold while prosecutors seek clarification from the Supreme Court.
If Morgan is convicted of robbery with use of a deadly weapon, prosecutors can use that as one of four aggravating factors in seeking the death penalty in the murder case.
In a notice of intent to seek capital punishment, prosecutors said they would argue that Morgan was convicted of “a felony involving the use or threat of violence to the person of another.” The larceny charge does not include the use of force, and prosecutors would not be able to use that as an aggravating factor in the capital case.
Without the less serious charge included on the verdict form, however, defense lawyers Dan Bunin and Dayvid Figler have little to work with. The court-appointed lawyers have acknowledged that Morgan was at the scene when a black and yellow 2008 Suzuki 600 GSX-R was stolen, but they have questioned whether a gun was used.
Prosecutors said that days before Morgan stole the bike, he broke into Main’s home in the 8000 block of Green Pasture Avenue. They said Morgan repeatedly pistol-whipped the woman over the head, breaking the gun’s trigger guard into pieces and cutting his hand. He then shot her in the back of the head and stole various items from the home, according to prosecutors.
During the robbery trial, Morgan’s head and face were completely shaved, except for a small, fuzzy patch of blond hair on his chin. Tattoos on his neck, face and head were covered with makeup after members of a previous jury panel saw the markings and said they could not be fair and impartial.
In an effort from prosecutors, defense lawyers, and the judge to ensure that Morgan receives a fair trial, each morning before the proceedings started, a makeup artist was called to court to perform a roughly hourlong makeover on Morgan. Occasionally, the artist was called back to court for a touch-up.
The makeup was to be scrubbed off before he was returned to the Clark County Detention Center each evening.
County officials said they had set aside $1,200 for the makeovers, though more could be allotted as the trial continues.
By law, jurors are supposed to consider only the facts of the case, not a defendant’s appearance.
The case has drawn international media attention, mostly because of a courtroom image that showed Morgan in an orange prison jumpsuit covered in tattoos side-by-side with an image of the designs concealed.
Morgan’s death penalty trial is scheduled to be heard in front of another judge, who may have to decide whether the tattoos should be covered again.
Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.