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Craig Titus & Kelly Ryan Investigation » Blog Archive » State v. Titus: Petition for Writ of Habeas Corpus

State v. Titus: Petition for Writ of Habeas Corpus

Thanks to one of our readers “lawfish” for pointing out where to find the latest in this case…

Attorney Richard A. Schonfeld has filed a petition seeking oral arguments in support of a petition for Writ of Habeas Corpus in State v. Titus, Ryan and Gross. Schonfeld details why the complaint charging Craig Titus with murder, kidnapping and arson should be dismissed.

Titus was indicted by the Clark County Grand Jury March 23, 2006 and charged with Murder with Use of a Deadly Weapon, First Degree Kidnapping, and Third Degree Arson following the death of personal assistant Melissa James. The body of James was found burned in the desert west of Las Vegas.

Oral arguments will be heard by Judge Jackie Glass at 8:30 a.m. July 13, 2006 in District Court Dept. 5.

Titus’ lawyers claim there was no evidence presented to the Grand Jury related to the charge of first degree kidnapping. Also no evidence presented that an air taser gun, duct tape, or wire ligature were utilized as deadly weapon. There are more claims of no evidence in the documents as well. Some of the more interesting statements from the document…

“The State presented absolutely no evidence related to the kidnapping charge. In fact, the State did not even present their theory as to the kidnapping charge.”

It goes on to state…

“Witness Megan Pierson testified that after Craig Titus and Kelly Ryan had a confrontation with Melissa James, Melissa James went to sleep, with the assistance of Zanax. T.S. 11 p. 81. Accordingly, not only did the State fail to present evidence that Melissa James as kidnapped, they presented evidence that she was not kidnapped.”

Further on it reads…

“Jeff Schwimmer testified that he observed “Meagan and her boyfriend, at Greg’s, they were all shooting their dope…”. Schwimmer stated that Meagan, her boyfriend and Greg were utilizing Cocaine, Zanax, and Oxycontin. See Page 13 of Jeff Schwimmer’s statement. Obviously, this statement by Schwimmer applies to testimony from Greg, Meagan and her boyfriend. Those witnesses need to be asked about their current drug usage and their drug usage at the time of the events that they are testifying about”

“At the grand jury presentation herein Megan Pierson specifically testified that she did not drink or do drugs on the night in question. T. S. II p. 76. The State never asked Megan about her drug usage in general, as requested in the letter to Robert Daskas.

Our Supreme Court has recognized the importance of testimony related to a witness’ drug use. In Effinger vs. Effinger, 48 Nev. 209, at 214, 239 P. 801 (1925), the Supreme Court held that habitual users of drugs become notorious liars who cannot distinquish images and facts from illusions and realities. Id. at 215.

Accordingly, the request of counsel that Mr. Daskas present evidence related to Ms. Pierson’s drug use was a valid request and a request that should have been honored.

The State Failed to present that exculpatory evidence.”

The above quotes are taken directly from the court documents and are not our words but the court documents as prepared by Titus’ lawyers. Stay tuned for more on this case as it becomes available.

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