Daniel Wolff Convicted in 2001 murder, now serving life sentence without possibility of parole
Daniel Wolff's 2001 murder of Richard Marotto was so brutal that traumatized jurors asked for counseling services after viewing the evidence presented by Clark County prosecutors.
Wolff's conviction, which led to a 2004 sentence of life in prison without parole, is now on appeal before the Nevada Supreme Court. Three justices heard arguments in the case on Wednesday.
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"This is a case about rape, detailed descriptions about sex between men ... and junk science," said Clark County Deputy Special Public Defender Lee McMahon in her opening statement to the Supreme Court panel.
McMahon argued that a mistrial should have been declared by District Court Judge John McGroarty when it was discovered that the laboratory report detailing the level of drugs in Marotto's bloodstream contained an error. She also said that a psychologist called by prosecutors as an expert witness went outside his boundaries by telling jurors that Wolff's motivation for the crime was robbery.
Wolff testified at trial that he had killed Marotto in an emotional rage, as a result of being sexually assaulted by him.
According to police, Wolff met Marotto at a gay bar. The two went to Marotto's Alta Drive home. After a night of partying, Wolff bludgeoned Marotto to death with a marble slab, placed a plastic bag over the victim's head, wrapped his neck with an electrical cord and mutilated the body.
Wolff also pawned some of Marotto's possessions. When police searched Wolff's home, they found a "shrine" in his bedroom containing a calendar with the date of the homicide highlighted and small items that belonged to the victim.
Wolff also said that Marotto slipped him GHB, commonly referred to as the date rape drug. That substance was found in Marotto's blood, but at what level is at issue, McMahon said. The body itself produces GHB, even after death.
Supreme Court justices Mark Gibbons, William Maupin and James Hardesty presided over the arguments and questioned both McMahon and Clark County prosecutor Ross Miller closely about the issue of the expert witness.
Miller told the justices the psychologist was called as a rebuttal witness, to address issues raised by the defense's own expert witnesses. At trial, the defense portrayed Wolff as a victim reacting to a sex crime.
"If there was error, it was harmless error," Miller said.
