Tafoya, Nunez: February 2010 Archives

Before Daniel Nunez was sentenced to life in prison without the possibility of parole today for the execution-style death of Jesus Payan, he tried to persuade Torrance Superior Court Judge Steven Van Sicklen that he deserved a different, better attorney.

Admittedly, I walked into the courtroom after the former San Pedro man's attempt to fire his attorney, known as a Marsden motion, was underway - so I'm not sure how much I missed. When I came in, the shackled convicted murderer was pointing out to Van Sicklen the mistakes his court-appointed attorney, Richard Everett, had made during trial and post trial motions. He noted that the veteran criminal defense attorney got things like locations, names and dates inaccurate.

"I understand people make mistakes," Nunez said. "We all make mistakes."

But, noting the gravity of his situation, Nunez added: "I mean, this is my life we're talking about here."

Van Sicklen said he saw a few of the mistakes, but, in the long run, the thrust of the post-trial motion for new trial that Everett filed on Nunez's behalf was clear- inaccuracies or not.

"There's no such thing as a 'perfect trial,'" Van Sicklen said. "In my mind, Mr. Everett clearly knew the facts of your case."

Van Sicklen went on to note that Everett is a "really nice man." Having a jury that likes the defense attorney in a case like this can go a long way, he added.

Van Sicklen denied Nunez's motion.