Prosecutors denied access to juvenile records of man charged in deaths of woman, child

CARSON CITY — The Nevada Supreme Court ruled Wednesday that Clark County prosecutors cannot use juvenile delinquency records to help prepare a death penalty case against Bryan Devonte Clay Jr.

The high court’s ruling is significant as prosecutors seek aggravating factors to present to a jury at his trial set for April 14, 2014.

Clay has pleaded not guilty to charges he sexually assaulted and killed a Las Vegas woman and her daughter and nearly killed their husband and father with a hammer in April of 2012.

Clark County prosecutors sought the release of his juvenile records, and the Juvenile Criminal Court in October 2012 ordered the documents unsealed and released to the state and Clay’s defense counsel.

Clay appealed the decision to the Supreme Court.

A three-judge panel of the court said in its ruling that Nevada law does not allow the state to inspect a person’s sealed juvenile records for use against the person in subsequent criminal proceedings.

In reviewing Nevada law and legislative history, Justice Nancy Saitta, who wrote the opinion, said: “There is no indication that the Legislature intended the statute to allow a prosecutor to inspect a defendant’s sealed juvenile records to obtain information that could later be used against him or her.”

This is the second legal success Clay’s defense team has won in recent months.

In August, Clay struck a deal with prosecutors that allowed him to plead guilty to two counts of domestic violence battery and one count of petit larceny for twice beating his ex-girlfriend, who was pregnant with his child.

As part of the deal, prosecutors dropped three felonies against Clay. Had Clay been convicted of the felonies, prosecutors could have used them as aggravating factors to convince a jury to sentence the 23-year-old to death in the double murder case.

At a death penalty hearing, a jury decides a convicted defendant’s punishment based on aggravating or mitigating factors. Prosecutors and defense lawyers present as many of these factors as they can to a jury. But the jury determines how much weight to give each factor — meaning one mitigating circumstance in his favor could outweigh 12 aggravators, or vice-versa.

The domestic violence case took a turn in July when the Nevada Supreme Court tossed one of the child abuse charges.

The high court ruled that prosecutors failed to properly explain the statutory definition of “physical injury” to a grand jury while presenting their case. The justices said the grand jury could have confused the common definition of “physical injury” with the statutory one, which is a permanent or temporary disfigurement or impairment of any bodily function or organ.

The victim told the grand jury Clay slapped her across the face. But the grand jury received no other evidence.

The ruling was significant because state law prevents prosecutors from using misdemeanor convictions as aggravating factors, but they can be used to show a defendant’s prior bad acts.

Clay is accused in the April 15 attacks on Ignacia “Yadira” Martinez, 10-year-old Karla Martinez and Arturo Martinez. Two other Martinez children were unharmed. Clay also is accused of trying to rape a woman hours before the home invasion.

He is set to stand trial April 14 for the double murder before Judge Jessie Walsh.

Prosecutors said Clay sexually assaulted a 50-year-old woman near the intersection of Vegas and Tonopah drives before going to a home at 1016 Robin St. in April 2012.

Once inside, investigators say, Clay used a claw hammer to pummel Arturo Martinez, then 39, and sexually assault and beat to death both his wife and daughter.

Arturo Martinez survived the attack.

The couple’s two sons, then 9 and 4 years old, were not attacked.

Prosecutors have a significant amount of DNA evidence to support their case, court documents show.

Clay told investigators he was drunk and high on drugs and blacked out and has no memory of what happened that night.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Follow him on Twitter @seanw801. Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.