Appeals court hears case of convicted killer

ST. LOUIS -- Publicity about the kidnapping and murder of a 10-year-old Kansas City area girl influenced the jury that recommended death for the killer, defense attorneys told a federal appeals panel Thursday.

A three-judge panel of the 8th District U.S. Court of Appeals in St. Louis is expected to issue a ruling in the case of Keith D. Nelson in several weeks.

Pamela Butler of Kansas City, Kan., was kidnapped Oct. 12, 1999, as she roller-skated in front of her home. The kidnapping triggered a large manhunt. Nelson was arrested two days later, and Pamela's body was found a day after Nelson's arrest.

In the appeal, Nelson's attorneys claimed a change of venue should have been granted because of pretrial publicity in the Kansas City area. The appeal also alleged jury bias and claimed U.S. District Judge Fernando J. Gaitan gave instructions that misled jurors into believing the death penalty was mandatory.

Nelson, 28, of Kansas City, pleaded guilty. But his attorney, Susan Hunt, said the odds were stacked against him in the sentencing phase of the trial.

"Keith Nelson committed an inexcusable, heinous crime," Hunt told the panel. "What is at issue is the fairness of the hearing."

Hunt said 94 percent of the more than 500 prospective jurors had heard about the case, including all 12 of those chosen. Appeals Judge Lavenski Smith said that wasn't completely unexpected.

"The law doesn't require that jurors have lived in a cave," Smith said.

But Judge Myron Bright questioned the decision to hold the trial in Kansas City.

"I wonder if he (Nelson) had any chance in Kansas City when there was such publicity, and I wonder why the government in such a slam-dunk case was so adamant in opposing a change of venue," Bright said.

Assistant U.S. Attorney Sheryle Jeans said publicity in the case was not out of the ordinary.

"On the whole the publicity was very fair and very balanced," she said.

At his sentencing in March, Nelson responded with profanity and criticism for the legal system and the girl's family.

"People say, 'How can you kill a 10-year-old girl?"' Nelson told the court. "It's not that hard."

Barring successful appeals, Nelson would die by injection at the U.S. Penitentiary in Terre Haute, Ind. No execution date has been set.

Nelson admitted grabbing the girl from outside her home and driving her to the western Missouri town of Grain Valley, where he strangled her with speaker wire. In return for his plea, prosecutors agreed to drop a second count alleging that he sexually assaulted her.

The kidnapping sparked a two-day manhunt that included a car chase through the city when a passer-by saw Nelson grab Pamela. Nelson managed to elude the witness, who got his license plate number and called police.

Nelson was arrested two days later on the banks of the Kansas River. Pamela's body was recovered the next day.