An evidentiary hearing is underway in Reno for convicted killer James Biela, who is asking for a new trial.
James Biela’s lawyer, Edward Reed, claims Biela didn’t get a fair trial because his public defenders didn’t adequately represent him.
Biela was convicted of killing 19-year-old Brianna Denison, and the rape of two others. He remains on death row.
His attorneys argue that the jury that convicted and sentenced him may not have been impartial, saying one of the jurors had a brother who had been incarcerated with Biela before or during the trial.
The Denison disappearance and murder also got a lot of media exposure. Maizie Pusich was part of Biela's defense team during his trial. She says the Denison case got more publicity than any other case she has worked during her 25-year career, recalling the blue ribbons and bumper stickers that were dispersed all over town. That is why she requested a change of venue, which was denied. Biela's lawyers argue that the decision should have been appealed, citing other highly publicized cases like Darren Mack's murder trial, which was moved to Las Vegas.
Biela's DNA was linked to Brianna Denison and another one of his rape victims, but his attorneys have questions about some of the DNA evidence, saying some items were not tested, and that none of his DNA linked him to Amanda Collins, one of his rape victims that did not come forward immediately after her assault.
"I believe she was a victim of someone," Pusich said. "Not Biela."
Biela's did receive Miranda Rights but Pusich testified that investigators expanded them, saying he could refuse to answer certain questions. His lawyers say his refusal to answer some questions were used against him in court.
"It made it look like he was hiding something," Pusich said.
