CLARK COUNTY ‘OFFICE OF THE DISTRICT ATTORNEY Criminal Division STEVEN B, WOLFSON Dist Atorooy 200 Lewes Avenue’ Las Vegas, NV.09101 + 702-671-2500 + Fax: 702-455-2294 « TDD: 702-385-7406 MARY-ANNEMILLER CHRISTOPHER LAL ROBERT DASKAS JEFFREY J. WITTHUN, RIGID. DUFFY County Courae! Aiton! Disirict Attorney Asvatart Drei Auoeney. Director B.A, Fan Support Director B.A. meni DPS Parole and Probation August 30,2017 Attn: Tami Matus. 1445 Old Hot Springs Road, Suite #104 Carson City, Nevada 89706 Re: Frederick Lee Steese, Application for Pardon Case No. C108694 Dear Members of the Board: Ithas come to our attention that the above named individual has petitioned this Board for 4 pardon with restoration of civil rights without the right to bear arms from a 2012 Alford plea to Murder of the Second Degree With Use of a Deadly Weapon. Pursuant to NRS 213.040(1), the following occurred: On June 4, 1992 at approximately 2:00 pm, North Las Vegas Police Department Officers were dispatched to the Silver Nuggct Camperland regarding trouble at that location. ‘They were met by the security officer who advised that the man who lived in the travel trailer at space #3 appeared to be dead. ‘The security officer speculated that the man maybe slipped and hit his head coming out of the shower. The 56 year old male victim (Gerard Soules) was completely nude and lying on the floor halfway out of the bathroom, An enormous amount of blood was around Mr. Soules’ head. Mr. Soules” throat had been slashed from ‘one side to the other and there was a large knife wound to the mouth and numerous stab ‘wounds to his head, face, chest, stomach and arms. The bathroom appeared to have been ‘the scene of a violent struggle, Two televisions and Mr. Soules’ 1986 Ford truck had been taken. ‘Mr. Soules was employed as an entertainer with show dogs at the Circus Cireus Casino, He was very dependable and never missed a day of work. When he did not show up for ‘work that day, his employer became concerned and drove to the residence where he and the security guard found his body, ‘The investigation turned up information that Mr, Soules had hired a helper, later determined to be the applicant, Because of his inability to get a work card due te his felony record, applicant was let go. However he continued to live with Mr, Soules for about a week. A letter was received at Mr. Soules” residence addressed to a Fred Burke, laterPage 2 determined ta be an alias used by applicant, The letter was post marked Pocono Pin Pennsylvania and the sender of the letter was contacted regarding, the whereabouts of applicant. Applicant made contact with the North Las Vegas Police Department. Comments that applicant made during a phone call to his friend in Pennsylvania suggested that he had firsthand knowledge of the stabbing. On June 18, 1992, applicant was stopped by Nevada Highway Patrol in the area of Alamo, Nevada, He identified himself as Frederick Burke and was placed under arrest for possession of a stolen vehicle, Applicant had a pocket notebook that contained the name and address of the victim, Gerard Soules. One of the troopers recognized Mr, Soules’ name aas being a recent murder victim in North Las Vegas. The trooper then called the police department. Applicant was placed in the custody of the North Las Vegas Police Department for interview. Applicant was Mirandized and waived his right to the presence of an attorney. During the interview, applicant admitted to stabbing Mr. Soules to death. He stated his intention was to take his property because he needed the money. When Mr. Soules awoke after applicant had entered his residence and for fear of being discovered the applicant stabbed and killed Gerard Soules, Applicant was then rebooked for the charges of Murder, Use of a Deadly Weapon in Commission of a Crime and Burglary, On March |, 1995, a jury found appticant guilty on all counts. The State filed an amended Notice of Intent to Seek Death at the penalty hearing. On April 21, 1995 the court sentenced applicant to Life Without the Possibility of Parole for the First Degree Murder Count plus a consecutive Life Without the Possibility of Parole for the Use of a Deadly Weapon Count After a series of appeals and relief petitions, applicant filed another supreme court appeal ‘on November 5, 2010. The supreme court filed an order to reverse and remand the case to the District Court requiring the distriet court to hold and evidentiary hearing to determine if applicant's actual innocence claim could overcome the applicable procedural bars. ‘The position of this Office is that pardons should be reserved for exemplary individuals under extraordinary circumstances in cases of lesser gravity. During the interview of the applicant oa the murder of Gerard Soules, applicant described in chilling detail how he came to murder Mr. Soules, his absconding and return to Las Vegas. Nevertheless, after ‘being found guilty and sentenced, applicant's case was retumed to district court by the ‘Nevada Supreme Court to determine whether his new evidence was reliable and if s0 whether it met the actual innocence Schlup standard, In settlement of the post-conviction issues raised in applicant's federal and state petitions and the Court's ruling following the ‘October 18, 2014 hearing, the State agreed to vacate the 1995 Judgments of Conviction and sentences entered on April 21, 1995. Applicant agreed to plead Alford to Second- Degree Murder With Use of a Deadly Weapon. The plea was stipulated upon a sentence of ccight years for the second degree murder and eight years for the use of a deadly weapon, ‘The sentence was attributed to the time applicant had already served. Applicant was released and is no longer in actual custody. Applicant had extensive charges as a juvenile in Texas. Applicant had charges in Utah, California, Florida and Nevada for Thefts,Page3 a Burglaries, Grand Larceny, Armed Robbery and finally the burglary and murder of Mr. Soules. “Applicant has had signifieant benefits of his case, he plead guilty on his initial case 50 as not to face the death penalty, his two life without parole sentences for murder were overturned and he pled Alford fora reduced second degree murder conviction and sentence | and obiained early release from prison for time served. In entering an Alford plea, the defendant admits that the evidence the prosecution has would be likely to persuade a judge ‘or jury to find the defendant guilty beyond a reasonable doubt. Applicant did not take the ‘opportunity to provide any evidence of his alleged innocence but chose to plead Alford to the second degree murder charges. Applicant is not asking for a commutation or reduction ‘of his sentence as he is already out of prison, The absurdity of Applicant having pled guilty ‘twice to the murder of Mr. Soules, and is now asking the Board to absolve him as innocent ‘of a murder he’s pled guilty to twice. Applicant is not a proper candidate for a pardon, accordingly the District Attorney's Office does not support this application for a pardon. Sincerely, Chief Deputy District Attorney