DEATH PENALTY: Maestas juror says she erred - News

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Sep. 23, 2008
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DEATH PENALTY: Maestas juror says she erred

Misconduct claims bring panelists back before judge

By ADRIENNE PACKER
REVIEW-JOURNAL

Mesquite Stabbings

Beau Maestas closes his eyes while his attorney Thomas Ericsson listens while the jury sentence him to death in Clark County District Court on Tuesday, Aug. 22, 2006. Maestas was sentence in the January 2003 killing of 3-year-old Kristyanna Cowen and crippling her 10-year old sister Brittany Bergeron.
Photo by Jeff Scheid.

A juror who voted in favor of the death penalty for child killer Beau Maestas was so racked with guilt and regret, she sought counseling and then began communicating with the incarcerated 24-year-old.

Rachel Poore said Monday that she begged Maestas for his forgiveness, told him she planned to have a tattoo inked on her body with his name and sent him a sketch of a dove, which she said represented peace and freedom.

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Then Poore contacted Maestas' attorneys and made claims of jury misconduct in the deliberation room.

"The decision I came to was wrong," an emotional Poore said on the stand. "I shouldn't have made that decision."

Poore's claims resulted in 11 of the 12 jurors, along with Maestas, appearing before District Judge Donald Mosley on Monday. The focus was on whether the jury forewoman made inappropriate comments that swayed fellow jurors to unanimously vote for the death penalty.

Maestas pleaded guilty in 2005 to stabbing 3-year-old Kristyanna Cowan to death after a minor methamphetamine deal with the girl's parents went bad. Cowen's sister, Brittney Bergeron Himel, now 16, was left paralyzed during the attack, which occurred while their mother and her boyfriend were out gambling.

Maestas' sister, Monique Maestas, was sentenced to life in prison for her role in the stabbings.

Poore told Mosley on Monday that during the jury's initial vote, 10 members favored the death penalty for Beau Maestas and two voted for a life sentence without the possibility of parole. Several other jurors confirmed that account.

Then the jury forewoman, Tina Ransom, intervened, Poore said. Ransom, an emergency dispatcher in Boulder City, told jurors that a life sentence without the possibility of parole does not always end up that way. According to Poore, Ransom said she had seen defendants who received a life sentence without parole walking around Boulder City with an electronic monitor around their ankles.

In a sworn affidavit, Poore told attorneys that Ransom said that because of her position as a dispatcher, she had "special knowledge" about the sentencing of inmates and that Maestas would "undoubtedly be released" if he was sentenced to life without a possibility of parole.

When a second poll was taken minutes after the comments, the jury voted unanimously for the death penalty.

Poore said she did not recall those exact phrases that an attorney included in her affidavit. Maestas' attorney, Tony Sgro, cautioned Poore when she interrupted both attorneys with affirmative answers as if she was trying to please the lawyers.

"You voted for death and now you regret it," Sgro said. "You do not want to perpetuate fraud on the court."

The jury could have chosen death, life without the possibility of parole, life with the possibility of parole or 100 years with parole considered after 40 years.

Ransom denied making the statements during deliberations. She said she and other jurors offered their opinions on what the various sentences meant during an informal discussion. Ransom said she never mentioned her job or indicated that her profession would give her insight into sentences or how parole boards operate.

"I don't deal with that particular part of things," Ransom said. "I said life did not appear to be life. In general, people get time for good behavior. I didn't know it to be a fact. Now it has turned into something else."

Ransom's reference to electronic bracelets stemmed from a news story about a man arrested for a fatal stabbing who was released from jail prior to his sentence.

The majority of jurors called in Monday confirmed Ransom made the comments. Four jurors remembered very little about the deliberations that took place two years ago. Another juror said she recalled someone discussing being involved in law enforcement, but did not remember specific statements made by Ransom.

Mosley is scheduled to render his decision on whether Maestas should be resentenced on Dec. 19.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. anism wrote on February 21, 2009 01:26 PM: "My lord where is justice" terry i blame you I wonder how can you call your country "civilized" becouse of death penalty. Take a look: China, Soudi Arabia, Iran, North Korea, ecc ecc... and USA. Think very much about it. by An italian disgusted occasional reader Maria wrote on January 25, 2009 06:25 AM: I also watched this the other night and I completely agree with the journalist when he said that it really was two sides of the same coin, referring to the horrible upbringing of Brittney and her sister as well as the Maestas siblings. It is just a complete tragedy. However, I do not believe in state sanctioned violence or torture. Executing a person will not make the pain go away for the victims nor will it prevent crimes from being committed in the future. There's plenty of research supporting this fact. Life in prison, yes. Execution,no. terry wrote on January 10, 2009 08:02 AM: I saw this 20/20 story on TV. OK, I say, Death to the B*******S! No amount of money can bring back Kissy or take away the horror this poor Brittany lived through! There is probably going to be a movie out about this story, and Brittany should sell the rights for it. This was a senseless act of brutality nobody should have to live through, and these "Druggies" are insane! They should all be tortured for the rest of their lives and that still wouldn't come close to what they did to those innocent children. My Lord, where is justice? Lynn Gronnel-McGrath wrote on September 25, 2008 04:01 PM: Baloney! These creeps are lucky to get what they earned! Leave it alone! This "Poore" woman is an idiot whom must need some notoriety to salve her sick brain. Disgusting! The so called Mother of these little girls should be in there with them. As well as the judge whom tortured the living child with the mother's presence in the court room.Totally out of line!The children are always last in these sad scenarios. what?...no.. wrote on September 24, 2008 12:01 PM: You all are too funny. Bobman wrote on September 23, 2008 10:49 PM: Jasmine, you are an idiot! That would be great if they stayed his death sentence just for you. Then I hope he escapes and visits your house with his trusty knife. Guess what, inmates can and do escape all of the time. Maybe you can then go get matching tatoo's with the psychopath in this story. DJ2 wrote on September 23, 2008 09:59 PM: I wonder if the juror in question would have felt the same way and come to the same conclusions if this killer had borne a striking resemblance to the Emperor on Star Wars. bill wrote on September 23, 2008 09:42 PM: if any of you would of had the opportunity to actually see the brutality this low life did to these lil girls you would change your tune, it was horrific, i guess the worst was knowing it was a child on the brutal end of it Joe C wrote on September 23, 2008 08:11 PM: Jasmin, If you get to heaven that would make it hell for everyone else. Of course I’m sure you’ve created your own hell running around demanding all bow down to your convictions. I don’t think God like imitators. I think we should crucify you in the name of God. Ah hell we should just crucify you because your, well you. This isn’t stone throwing it’s called justice, and God believed in justice. Rob L. wrote on September 23, 2008 07:45 PM: Im sorry if anyone mistaken the quote from other people as mine but I am 110% in favor of executing this slime. I believe my reply to the anti-death penelty folk was... "It not about "making a right." It is about removing a disgusting piece of trash from humanity. There is no reason these two people (Beau or his sister) should live on our dime for the next 50 years when little Kristyanna and Brittney had no such choice." If I wasnt clear, I dont believe he deserves a chance to live when those 2 little girls did not. While Im at it, you wouldnt have to work hard to convince me their mother dont deserve the same fate either. Sorry for the confusion. Read All Comments