Biela on trial
A courtroom sketch artist sits in on the Brianna Denison murder trial
May 7, pretrial press briefing: Judge Robert Perry reminded members of the press of his judicial order that media cannot “film, photograph or sketch lay witnesses,” such as defendant James Biela’s girlfriend.
At first, I thought this was a violation of First Amendment rights, but we learned it is a reasonable order to protect the privacy of lay witnesses. We understood that, and everyone abided by it.
Illustration and caption by David Tscheekar
A courtroom sketch artist is a rare thing in these days of pool photographers, cell phone cameras and Court TV. But that’s what David Tscheekar is, and he’s been into it on and off since the 1970s. When he asked if he could represent the Reno News & Review at the trial of James Biela in the murder of Brianna Denison, we elected, with little hesitation, to give him a shot. Needless to say, neither the court nor other reporters had recently seen a sketch artist at work.
People may be most familiar with the images produced at the U.S. Supreme Court, where cameras are not allowed. Whenever a big case is before the court, we are treated to the colored, pencil-drawn images on the evening news. The skills are unique: The artist must be able to capture the drama of the moment, but there are many dramatic moments in a trial. Tscheekar began many drawings then filled in details after the day ended, an unusual way to inscribe the story’s arc.
“People often ask me what it’s like being a courtroom sketch artist,” says Tscheekar, a former fraud investigator for the state industrial insurance system. “It’s kinda like having a ringside seat to the greatest show on Earth—inside a criminal court trial.” Tscheekar says it’s a challenge to capture facial details from 30 feet away, and often he must wait until the witness leaves to get a close-up view.
So here is courtroom sketch artist David Tscheekar’s view of the Biela trial. He made more than 25 drawings during the course of the proceedings. In the end, James Biela was sentenced to death for the murder of Brianna Denison.
—D. Brian Burghart
May 10: I realized Biela’s defense team of public defenders, Maizie Pusich, James Leslie and Jay Slocum, better be on their toes if they hoped to counteract the effectiveness of prosecutor Elliott Sattler. Sattler seemed a formidable foe. He had an easygoing manner, and an engaging personal style full of energy and confidence. To make matters worse for the defense team, he seemed as friendly and approachable as a neighborhood grocer.
Illustration and caption by David Tscheekar
May 11: The image of the lay witnesses in the drawing to left has been obscured to protect her identity. As a court sketch artist, I have found many images are inadvertently hidden, not on purpose, but simply because obfuscation is the inevitable result when witnesses are seated 30 feet away from my sketch pad.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
May 13: Reno Police Department Chief Detective Dave Jenkins had the confidence of a self-assured investigator. Testimony showed he was thoroughly involved in many aspects of the investigation into Brianna Denison’s murder. He was very impressive with his knowledge of the case. He was equally attentive and respectful of both the prosecution and defense.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
May 13: Sparks police officer Eric Marconato is also a martial arts expert who taught defendant James Biela martial arts. In this sketch, he demonstrates the “barenaked choke hold” apparently a martial art technique that is impossible to escape. <br>Another witness, a student of this martial art, was so enamored of this chokehold that he actually had a tattoo of it on his arm. This witness pointed to his tattoo and declared, “Once I put this hold on you, you ain’t going nowhere.”
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
May 18. Should anyone review the legal history of this case, they’re likely to relegate Washoe County Crime Lab’s retired latent fingerprint expert Ron Young to a mere footnote. However, Mr. Young, trained by the Federal Bureau of Investigation to analyze fingerprints found in crime scenes, occupied an important role in solving Brianna Denison’s murder.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
May 21: FBI fingerprint expert Jeff Rolands was thorough and the quintessential expert witness. He spoke with the assurance of one who has scientific certainty on his side. Jurors listened with rapt attention during Rolands’ testimony.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
May 25: Defense witness Dr. Roger Vincent Miller’s biggest credibility problem was not so much that the jury was more impressed with the prosecution’s DNA expert, but that Dr. Miller did not bring his notes to trial.<br>I noticed looks of amazement on the faces of many jurors when they realized this expert witness was not prepared.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
May 26: The jurors were as attentive to the defense team as they seemed to be to the prosecution’s presentation. However, when defense attorney Jay Slocum mentioned that the police sketch did not “look like Biela,” I noticed several jurors trying to mask looks of disagreement.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
June 1: Each criminal defendant who does not testify or speak during trial has the right of “allocution.” This is a statement, not made under oath, where a defendant can express things like remorse but cannot say anything about claims of innocence. <br>Biela clearly felt the weight of his sentence. He said that he was “sorry that this incident has destroyed several families.” He then became visibly shaken, began crying and then finished his statement focusing on his son: “I’m sorry [name omitted], if I failed you, but I just wanted you to know, this might not be the time or place, but I love you.”
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
Washoe County Sheriff’s Deputy Dan Wheeler is depicted sitting next to defendant James Biela’s mother. Deputy Wheeler had dual, seemingly contradictory but related tasks: This big muscular man provided a forceful law enforcement presence in order to deter or prevent anyone from making untoward advances to Biela or his family. His second duty was to usher Biela out of the court and into the arms of prison officials.
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
June 1: Absent from Maizie Pusich’s closing argument was any mention of DNA. It seemed to me, and I believe most other court observers, that the prosecution clearly made their case that Biela’s DNA connected him to the murder of Brianna Denison. <br>Pusich needed another approach, and it was the only high card in her hand. She reminded jurors of Biela’s tortured childhood: “How can a child go through nightly trauma and not be affected?”
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
June 1: Prosecutor Elliott Sattler acknowledged Pusich’s assertion of Biela’s horrible childhood, stating, “There is no question Joe Biela (James Biela’s father) was “an atrocious man” but concluded, “Is that enough to wipe away the stain of what he did to Brianna Denison.”
ILLUSTRATION AND CAPTION BY DAVID TSCHEEKAR
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