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According to testimony at the preliminary hearing, the attacker in the December rape did ask for the victim's underwear, Sattler said, adding that the defense "simply omits" that fact.
Lawyers for James Biela, who is charged with raping and killing a college student and sexually assaulting two others, asked a Washoe District Court judge to reconsider his ruling against holding three separate trials, arguing that if the judge could confuse details of the cases, a jury likely would struggle to keep them straight.
"The defendant's motion also fails to acknowledge the connection between the underwear taken and the proclivity he has for this type of garment," Sattler said. "The defendant was known to frequent pornographic Web pages that focused on petite women and thong underwear."
Deputy Public Defender Richard Davies has until June 17 to respond to Sattler's motion. Perry has not decided whether to hold a hearing on the request, his assistant said Monday.
the three victims were impaired, and the rest of the defense claims were Adidas Los Angeles Mesh Trainers
The times were close, two to four hours apart, but more important, it was dark, he said. In the December rape, the woman was moved: The attacker took her from where she was walking to "an area between the cars," Sattler said.
Perry missed only one point out of the "24 similarities" the state cited, Sattler said.
During the hearing, Davies said Perry was confused about which cases included DNA evidence.
Biela lawyer renews request for separate trials
After the defense asked Perry to sever the cases and Sattler filed a motion against it, the judge heard arguments May 1 and issued his order against separating the cases May 4. Davies also said there was no evidence the victims were impaired and that the October rape happened in the parking garage and did not involve transporting the victim.
One jury should hear the evidence in the rape and strangulation of Brianna Denison and the attacks on two others, Sattler said, at the trial scheduled to begin Feb. 22.
Officials found "petite thong underwear" at Biela's trailer in Washington state, Biela's girlfriend found thong underwear in his truck and thong underwear was found with Denison's body, Sattler said. This "perversion" also demonstrated a "common scheme or plan," Sattler said.
face the death penalty if convicted.
Perry's order also said the attacker in all three cases took or requested the victim's underwear, but Davies said that was not true in the October case.
Biela is charged with raping and killing Denison, a 19 year old sophomore at a Santa Barbara, Calif., college and Reno High School graduate who was abducted from a friend's house near the University of Nevada, Reno campus on Jan. 20, 2008. Her body was found Feb. 15, 2008. She had been strangled with a pair of thong style panties.
He also is charged with kidnapping and sexually assaulting a UNR student in December 2007 and raping another student in a UNR parking garage in October 2007. He could Adidas Los Angeles Grey Junior
But Deputy District Attorney Elliott Sattler said that Judge Robert Perry made only one mistake Adidas Originals Black And Red in his order, saying Adidas Primeknit Running Shoes
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