Court rejects claims of sleeping juror, upholds conviction

Wed, Mar 4, 2015 (10:24 a.m.)

CARSON CITY — The Nevada Supreme Court upheld the second-degree murder conviction of a North Las Vegas woman who claimed a juror was sleeping during her trial.

Rosemary Vandecar was found guilty of strangling Roy Schutzler, 69, at the apartment they shared in February 2010.

In her appeal, Vandecar maintained she was entitled to a new trial because one of the jurors fell asleep during the trial. Two observers at the trial said they saw a female juror asleep, according to court documents.

But neither District Court Judge Jennifer Togliatti, the defense and prosecuting attorneys nor the court marshal saw a snoozing juror, documents said.

The Supreme Court said the affidavits of the two observers were insufficient to show the judge committed an error in refusing to grant a new trial.

According to court documents, police were summoned to the apartment and found Vandecar administering CPR on Schutzler. Vandecar maintained Schutzler had a seizure and she was trying to revive him.

The coroner’s office said Schutzler died of strangulation.

Vandecar was sentenced to 10 years to life with the possibility of parole, plus a consecutive eight to 20 years.

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