LAS VEGAS -- A woman who claims she was wrongly convicted of the murder and sexual mutilation of a homeless man lost another round in court Tuesday. A judge denied Kirstin Blaise Lobato's request to be released from custody, a petition known as a writ of habeus corpus.
Judge Valorie Vega called it the most extensive petition she has ever reviewed in a non-death penalty case. In nearly 800 pages, Lobato raises 79 issues she says supports her innocence of the 2001 murder of Duran Bailey.
Among them are 21 grounds based on what she calls new evidence the jury did not consider.
With her supporters filling the gallery behind her, Lobato appeared with her attorney, Travis Barrick. Barrick argued the court should order a hearing to consider newly discovered evidence like additional alibi witnesses, fresh crime scene analysis and reports from nine new experts.
Prosecutors however insisted the bulk of the evidence presented could have and should have been discovered at trial and that some of it was inadmissible.
After hearing both sides, the judge denied the petition.
"Of course we're disappointed, (but) somewhat relieved because now the case moves on and perhaps we'll get in front of a different set of eyes -- somebody else who is not vested in the current outcome -- and hope for the best," said Barrick.
Barrick says the judge's decision will be reviewed by the Nevada Supreme Court.
In the meantime, he has filed a petition to again seek DNA testing of crime scene evidence -- things that either weren't tested or that may yield additional information due to technological improvements. The Innocence Project in New York has offered to provide the testing.
