MELEA ALLEN - 4 yo (1989) - Las Vegas NV

CARSON CITY – An attorney for death row inmate Kitrich Powell says
the death in Las Vegas of a 4-year old girl was an accident and not the
result of child abuse.

Gary Taylor, the lawyer for Powell, told the Nevada Supreme Court
Wednesday that Melea Allen fell off his shoulder and into the bath tub,
causing a blow to the head that caused her death in November 1989.

The victim was the daughter of Sharon Allen, the girlfriend of Powell.

But Deputy District Attorney Steve Owen said the child was bruised
“from head to toe” and it wasn’t an accident that the girl fell into the
bathtub.

Owens said there was no new evidence to justify a district court hearing to reconsider the evidence.

The court took the arguments under submission but Justice Kristina
Pickering directed that the trial testimony of former Chief Medical
Examiner Dr. Giles S. Green be presented to the court.

Taylor argued that Green has changed his version of how the death occurred.

Owens said, however, that Green, who is in a nursing home, isn’t
changing his testimony and there is no reason to overturn the
conviction.

Taylor said Powell suffered brain damage and “there was a colorful showing of actual innocence.”

But Chief Justice Michael Douglas told Taylor that Powell believes nothing is his fault. “That’s not the case,” he said.

The case has bounced back and forth between courts. His conviction in
1991 was upheld by the Supreme Court. But the U.S. Supreme Court
ordered another review. That ended with the Nevada Supreme Court again
ruling against Powell.

In 2002, a lower court judge ruled that Powell’s previous lawyers
were ineffective and the death sentence was set aside. But the Supreme
Court, in a 4-3 decision, reinstated the death penalty in 2006.
http://www.lasvegassun.com/news/2011/jul/06/death-row-inmate-claims-innocence-death-4-year-old/