Posted: 12/03/2009 02:18:17 PM PST
Updated: 12/03/2009 03:47:21 PM PST
CARSON CITY, Nev.—The Nevada Supreme Court on Thursday upheld the murder conviction of a Laotian immigrant who argued that errors by a court-appointed translator entitled him to a new trial. A three-judge panel ruled that while some translation inaccuracies fundamentally altered the context of Vannasone "Sonny" Ouanbengboune's testimony, the errors did not prejudice him to the extent a new trial is warranted because there was "overwhelming evidence of guilt."
Ouanbengboune was convicted of first-degree murder and robbery for the Aug. 7, 2003 killing of 38-year-old Raynna Bunyou outside a Las Vegas nightclub. He was sentenced to life in prison without parole.
After his conviction, Ouanbengboune hired an independent interpreter to compare a tape recording of his trial testimony to the transcript of the testimony as translated by a court-appointed interpreter.
The court noted that although Ouanbengboune did not formally object during trial to specific errors, concerns about the adequacy of the translation of his testimony were raised with the judge, who admonished the interpreter.
Ouanbengboune in his appeal argued the translation errors were used by prosecutors to show the shooting was premeditated.
However, the opinion written by Chief Justice James Hardesty said "overwhelming evidence supports the conclusion that Sonny acted with premeditation."
"Consequently, we conclude the result at trial would have been same" had the translator correctly interpreted his testimony, the court said.
The ruling also set out procedures for how judges should handle claims of disputed translations in the future.
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