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Sentence Reduced for Inmate with Mental Retardation
By Associated Press
Published: 11/22/2002

A mentally retarded man who spent 20 years on death row for a Las Vegas murder had his sentence reduced Wednesday to two life terms without parole by the Nevada Pardons Board. 
Thomas Nevius, 46, whose lawyers said he knew something 'good' had occurred, murmured his thanks as officers led him away. 
The board's decision followed a June ruling from the U.S. Supreme Court against executing mentally retarded people. 
Nevius' execution has been scheduled three times but was delayed by appeals each time. He received the death sentence for a 1980 burglary and murder in Las Vegas. He also was convicted of second-degree murder in 1971 in Philadelphia. 
In Nevada, Nevius was convicted of killing David Kinnamon after Nevius and three others broke into the victim's home. Prosecutors said that as Nevius tried to rape Kinnamon's wife at gunpoint, Kinnamon came home from work and was shot to death. 
No one on the nine-member panel, chaired by Gov. Kenny Guinn, voted against commuting Nevius' death sentence, though State Supreme Court Justice Nancy Becker said she'd oppose any move allowing possible parole. 
'We didn't want him to be executed, and now he won't be,' said Michael Pescetta, a deputy federal public defender. It was his first success in numerous attempts to stop executions in Nevada. 
Clark County District Attorney Stewart Bell said in a letter than he had withdrawn earlier objections to a reduced sentence in light of the high court's ruling - although he still thinks Nevius deserves to die for his crimes. 
Bell also said Nevius should 'never be released from custody under any circumstances.' 
Members of Kinnamon's family did not attend the Pardons Board meeting. A son and daughter had any lighter sentence at a board session last year. 
Nevada death row inmate James Hill was also expected to get a milder sentence because of the Supreme Court ruling, which said that executing mentally retarded people was unconstitutionally cruel. 



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