James Biela

Parties and individuals

• James Michael Biela (also described as James Biela), age 27 at arrest, of Sparks, Nevada
• Brianna Zunino Denison (March 29, 1988 – January 20, 2008), 19-year-old college student from Santa Barbara, California and a sophomore at Santa Barbara City College
• K.T. Hunter, friend of Denison
• Dawn Gibbons, wife of Governor Jim Gibbons
• Amanda Collins, described as a victim of a prior rape at gunpoint
• Lauren Denison, Denison’s aunt
• Barbara Zunino, Denison’s grandmother
• Adam Wygnanski, retired Reno police Detective and lead investigator on the case
• Bridgette Denison, Denison’s mother
• Carol Pierce, Denison’s paternal grandmother
• Richard Gammick, District Attorney
• Elliott Sattler, Deputy District Attorney and lead criminal deputy prosecuting the case
• Chris Hicks, Deputy District Attorney noted as prosecuting the case with Elliot Sattler
• Don Richter, founder of the Secret Witness hotline
• Michael Poehlman, Reno Police Department Chief
• Robert Perry, Judge
• Maizie Pusich, attorney for James Biela
• Judge Robert Perry (also referenced as Judge Robert Perry told everyone in the courtroom)
• Chief Justice Michael Cherry, author of the Nevada Supreme Court opinion
• Ron Holladay, Reno police commander
• Andrew Hickman, Reno police officer
• David Jenkins, Detective
• Ron Holladay (Reno police commander) and investigators referenced as part of the search and investigative efforts
• Lt. Robert McDonald, head of the robbery/homicide unit
• Detective Adam Wygnanski, assigned to follow up on the Secret Witness tip
• Elliot Sattler (prosecutor)
• Chris Hicks (prosecutor)
• Dawn Gibbons (participated in search efforts)
• Maizie Pusich (defence counsel)
• Bringing Bri Justice Foundation, founded by Denison’s mother (as an entity)
• Westboro Baptist Church, targeted Denison’s memorial service with protest

Timeline

• January 20, 2008 — Brianna Denison was abducted from a friend’s house in Reno, Nevada; she was last seen at approximately 4:00 am Pacific Time at a friend’s house in MacKay Court, Reno.
• January 21, 2008 — Investigators began sweeping the University of Nevada, Reno area in search of Denison, with the FBI joining the search efforts.
• February 15, 2008 — A body was discovered on a company’s field near a Reno business park, partially covered in snow.
• February 16, 2008 — An autopsy report confirmed the body found near a Reno business park was Brianna Denison.
• February 23, 2008 — Hundreds of people attended a vigil held in Reno for Denison; the Westboro Baptist Church protested at Denison’s memorial service.
• May 27, 2010 — James Michael Biela was found guilty by a Washoe County District Court jury.
• June 2, 2010 — The jury sentenced Biela to death after deliberating about nine hours.
• July 30, 2010 — Judge Robert Perry sentenced Biela to four additional life sentences for multiple counts of rape and kidnapping associated with attacks on two victims prior to Denison’s abduction and murder.
• November 25, 2008 — James Michael Biela (27) was arrested and booked at the Washoe County Jail.
• November 26, 2008 — A press conference by the Reno Police Department confirmed DNA matched DNA found at the crime scene.
• November 1, 2008 — A Secret Witness tip was said to have been received that led to Biela being identified.
• November 7 — Detective Adam Wygnanski met Biela after the Secret Witness tip.
• November 12, 2008 — Detectives Jenkins and Wygnanski met with Biela’s girlfriend.
• August 2, 2012 — The Nevada Supreme Court unanimously upheld Biela’s death sentence.

Background

Brianna Zunino Denison was a college student from Santa Barbara, California who studied psychology at Santa Barbara City College. She had returned to Reno, Nevada for winter break and had planned to attend events associated with a “SWAT 72” snowboarding festival on Saturday night, January 19, 2008 before heading back to college the next week.

Denison had attended events tied to Summer Winter Action Tours LLC during the Martin Luther King Jr. weekend in Reno. She was last seen at approximately 4:00 am Pacific Time at a friend’s house in MacKay Court, Reno, after attending a party at the Sands Hotel and Casino on North Arlington Avenue.

The offence

Brianna Denison was abducted from a friend’s house in Reno, Nevada on January 20, 2008.

Investigators later concluded that Denison was raped and murdered by James Biela. Investigators said she was smothered with a pillow until she choked, then later raped and strangled with the strap of her best friend’s thong underwear. An autopsy report confirmed that Denison died of strangulation.

Denison’s body was discovered on February 15, 2008 in a field near a Reno business park partially covered in snow. Police believed she had been there for more than a week possibly longer because the area had previously been covered in snow. Her body was found about eight miles from Hunter’s home where Denison had last been seen.

Two pairs of women’s thong-style panties were found beneath one of Denison’s legs, containing male and female DNA profiles that did not match Denison’s DNA profile; one of the panties contained the same DNA profile of the still-unidentified attacker.

Swabs taken from Denison revealed the presence of sperm, and DNA tests showed that the profile obtained from the sperm was consistent with the unknown male profile obtained from the rear door of the house from which Denison had been abducted and with that obtained from the two prior attacks.

Denison left the house without her shoes, cell phone, or purse. Authorities believed she was barefoot, wearing only sweats and a white tank top. Another description said she was last wearing a white tank top with pink angel wings and rhinestones, with the word “Bindi” imprinted on the back, and she may have been wearing sweatpants either pink or light blue.

In the home, investigators found multiple blood stains/transfers on the pillow, and it was determined that one of the stains contained saliva mixed with mucus or phlegm. Forensic pathologists concluded that Denison appeared to have suffered “an actively bleeding injury in or near her mouth, throat, or nose, at a time when her face was being pressed hard against the pillow,” as Jenkins said.

Forensic pathologists concluded that Denison appeared to have suffered “an actively bleeding injury in or near her mouth, throat, or nose, at a time when her face was being pressed hard against the pillow,” Jenkins said.

Investigation

DNA evidence was found on a couch where Denison had been sleeping the night she disappeared. Investigators later learned that the male DNA found on the couch was linked to at least two previous sexually motivated attacks in the same area on November 13 and December 16, 2007, and also said an earlier attack on October 22 was related.

Police began focusing on a kidnapping scenario. Search efforts involved:

• Sweeping the University of Nevada, Reno area beginning January 21, 2008, with the FBI joining.
• A search that included approximately 1700 volunteers helping with the search of a 100-square-mile (260 km2) area while Denison was missing, including Nevada’s First Lady Dawn Gibbons.
• Search crews, dogs and helicopters used to comb areas near UNR, surrounding snowy foothills, and other isolated areas.
• Door-to-door searches around the neighborhood that failed to turn up anything significant.
• Additional searches around Reno, including along the Truckee River and the Union Pacific railroad tracks, without results.

Police also interviewed nearly 100 registered sex offenders living within a mile of the MacKay Court home. The Regional Sex Offender Unit interviewed 100 sex offenders residing within a mile of the residence and contacted more than 1700 registered sex offenders in Washoe County, creating a backlog in DNA processing.

Related prior attacks described during investigation

Investigators said the suspect was linked to multiple attacks:

• December 16, 2007: An assault in a 1400 block of North Virginia Street location in which the victim reported kidnapping and a sexual assault. The assailant threatened the victim with “If you see my face, if you tell the police, I will kill you,” before sodomizing her. Evidence included a foreign Y-chromosome male DNA profile and a DNA match between that profile and DNA in the Brianna Denison case. The victim described the assailant as a white male likely between the ages of 20 and 30, height between 5 feet 9 inches and 6 feet 3 inches, with a large or somewhat heavy build and brown hair, including “thick, meaty” fingers and clear, fluent English with no discernible regional dialect or accent.
• November 13, 2007: A described attack at approximately 5:00 p.m. in a 400 block of College Drive parking lot where a 21-year-old female UNR student was approached from behind, placed in a choke hold, dragged between cars, pushed to the ground, groped, and then kicked in the head and arm before the attacker ran away, leaving unopened condoms.
• October 22, 2007: A described attack in a UNR parking garage where a UNR student was raped. Police said circumstances and method of operation were similar to the other cases, and the October case was considered possibly linked.

Police characterized the crimes as involving a serial rapist.

Suspect identification and evidence leading to charges

On January 29, 2008, Reno Police released a description of an unknown perpetrator and said the person was linked to at least two attempted sexual assaults in November and December 2007, and to the rape of Amanda Collins in October in the Whalen Parking Garage near the university police station.

Police said a pair of thong underwear was found near Denison’s body along with the DNA of the perpetrator and DNA of an unknown female. Police said the clothing item did not belong to Denison and may have been left near her body to taunt investigators. Police asked that anyone who may recognize the clothing item as theirs come forward.

Authorities also identified an apparent vehicle and physical characteristics of the suspect. Investigators revised their suspect description based on additional interviews:

• The suspect was believed to be in his early 20s to mid-30s.
• Skin of the abdomen, groin and upper legs was noticeably lighter than hands and forearms.
• He wore a mustache and a goatee with a gap between them, and his groin was described as without hair, as if hair-removal cream or similar process had been used. The description included a late-model pickup truck with an extended cab, reclining bucket seats, gray or black upholstery and carpeting, narrow raised center console with hinged lid between the seats, adjustable headrests, automatic transmission, interior cab lights above the rear-view mirror, and a big step up to get inside. Investigators found Toyota Tacoma four-wheel-drive pickups made between 2001 and 2006 matching the description.

A further described source of evidence involved Denison’s text messages and communications with a former boyfriend living in Oregon, with police stating that the former boyfriend was not a suspect.

Arrest

On Tuesday, November 25, 2008, James Michael Biela, age 27, of Sparks, Nevada, was arrested and booked at the Washoe County Jail on charges of murder, first-degree kidnapping, and sexual assault.

The arrest occurred while he was dropping his son off at the Stepping Stones Children’s Center in Reno. A DNA sample was collected from Biela.

Biela had previously been arrested in 2001 for threatening his former girlfriend’s neighbor with a knife. In a later description, it said Biela pleaded guilty in April 2003 to a misdemeanor charge involving the knife incident, was sentenced to alcohol counseling, and was ordered to have no contact with the victim for a year.

In a press conference on Wednesday, November 26, 2008, Reno Police confirmed that DNA collected from Biela matched DNA found at the crime scene, linking him to both the murder of Brianna Denison and a previous sexual assault.

Secret Witness tip and related interviews

At the press conference, officials said Biela had been turned in by a friend of his girlfriend via Secret Witness on November 1, 2008. Biela’s girlfriend had confided to this friend that she had found underwear unknown to her in Biela’s truck as they were coming back from Washington state, where Biela had taken a job in March.

Reno Police Chief Michael Poehlman said Biela was questioned by Reno Police Detectives after the Secret Witness tip came in. Biela denied involvement and declined to provide a DNA sample.

Police questioned Biela’s girlfriend, who gave police permission to obtain DNA from her four-year-old son, whom Biela had fathered. This test indicated that a direct relative had left DNA at the home where Denison was abducted and from another rape that had taken place the month before Denison’s abduction.

Chief Poehlman also announced that the Washoe County Sheriff’s Department crime lab had tested Biela’s DNA and found it did match DNA from the Denison case and another rape.

District Attorney Dick Gammick told reporters that he would be prosecuting the case with lead criminal deputy Elliott Sattler, and that his office would be seeking the “maximum penalty” for Biela up to and including the death penalty.

It was also announced that Biela, on his way to Washington, had sold his truck in Idaho, described as matching the description of the vehicle used in the previous sexual assault, and that the vehicle was being returned to Reno to be searched and used as evidence.

In a separate described account, on November 7, Detective Adam Wygnanski met with Biela. Wygnanski explained he was working the Brianna Denison case and that Biela’s name had come up; Wygnanski asked Biela for a saliva swab to eliminate him as a suspect, and Biela refused to provide it. Wygnanski also observed Biela matching physical characteristics of the attacker provided by the December 2007 victim, and said Biela denied having anything to do with Denison’s murder and claimed his girlfriend would provide an alibi. Wygnanski said he lacked physical evidence that would ensure a conviction and let Biela go at that time.

Trial

On Thursday, May 27, 2010, James Michael Biela was found guilty. The jury returned a guilty verdict for all counts against Biela, which included kidnapping, sexual assault, and murder.

In the described trial, the jury was a seven-woman, five-man jury. The jury rejected defense calls for life without parole and sentenced Biela to death for the murder of Brianna Denison.

A jury verdict form acknowledged that Biela experienced a cruel and painful childhood. The jury still agreed that he should die by lethal injection for the murder of Denison.

Defense attorneys argued against the death penalty, stating that Biela suffered an abusive childhood due to an alcoholic father, that he had been a productive member of society prior to his crimes, and that he had been a model prisoner. Jurors did not accept mitigating factors and handed down the death sentence for the murder of Brianna Denison.

During the penalty phase, Deputy District Attorney Elliott Sattler told the jury that Biela deserved the death penalty for his crimes. Defense lawyers urged life in prison without parole. Judge Robert Perry was to sentence Biela on the kidnapping and additional sexual assault counts.

Sentencing

On June 2, 2010, the jury sentenced Biela to death after deliberating for about nine hours. The described jurors’ sentence was carried out by lethal injection.

On July 30, 2010, Judge Robert Perry sentenced Biela to four additional life sentences for multiple counts of rape and kidnapping associated with attacks on two victims prior to Denison’s abduction and murder.

After the verdict was announced, Judge Robert Perry told everyone in the courtroom:

“My heart goes out to all of the innocent people who have been touched by this tragedy.”

Appeals

Nevada Supreme Court justices unanimously upheld the death sentence on August 2, 2012.

The Nevada Supreme Court said the crimes were “of the class ... that warrants the imposition of death,” rejecting arguments that the conviction should be overturned because the jury’s decision was motivated by passion generated by extensive news coverage and an outpouring of public support for 19-year-old Brianna Denison and her family.

The court rejected arguments that the trials should have been separate and that Washoe District Judge Robert Perry erred by allowing jurors to submit questions. The court also denied claims that the conviction should be reversed because one rape victim identified Biela only after he was named a suspect in the Denison murder. The opinion said the woman identified him at trial as “the man who haunts my dreams” and that such testimony alone supported the conviction.

The opinion written by Chief Justice Michael Cherry stated:

“To the contrary, the jury's findings of 23 mitigating circumstances and the 99 questions it asked during trial provide ample evidence that it was attentive, thoughtful and did not rush to judgment in the determination of either guilty or penalty,”

Outcome

• James Michael Biela was convicted by a Washoe County District Court jury of all five counts in the murder of Brianna Denison and the sexual assault of two other young women.
• The jury sentenced Biela to death on June 2, 2010 after deliberating about nine hours.
• Judge Robert Perry later imposed four additional life sentences for multiple counts of rape and kidnapping associated with attacks on two victims prior to Denison’s abduction and murder.
• The Nevada Supreme Court unanimously upheld the death sentence on August 2, 2012.

Aftermath

Following Denison’s body being found, the sale of handguns, stunguns and pepper spray increased dramatically in the University of Nevada, Reno area.

Denison’s mother Bridgette Denison founded the Bring Bri Justice Foundation to implement changes after Denison’s body was found.

On February 23, 2008, hundreds of people attended a vigil held in Reno for Denison, and the Westboro Baptist Church protested at her memorial service.

In early April 2008, police had received more than 4,000 tips in the case, but none led to a suspect.

The case received prominent national media attention including coverage by Fox News Channel, CNN, ABC News, MSNBC, and CBS News. It was also mentioned on E! in their special on “15 Unthinkable Crimes”.

Other details

Statements and quotations recorded at sentencing and related reporting

Lauren Denison, Brianna’s aunt, said:

“It’s what we wanted,”

Barbara Zunino, Brianna’s grandmother, said:

“It turned out right,”

Retired Reno police Detective Adam Wygnanski, one of the lead investigators, said:

“Justice was served,”

Wygnanski said:

“The jury had a tough job and they did it.”

Denison’s aunt and family members gave additional remarks:

As Biela was led from the courtroom in handcuffs, the reporting included that Biela told his family, “I love you,” and they called back, “We love you, Jimmy.”

Bridgette Denison, Denison’s mother, told a news conference after the verdict:

“Together we lost a beautiful, vibrant and promising life and my family and friends have suffered unimaginable tragedy, but we can and will turn this loss into something positive and good,” she said. “When James Michael Biela messed with my little girl, he messed with the wrong families, the wrong group of women and the wrong city and state.”

Bridgette Denison said through the Brianna Denison Foundation they would work to toughen laws against offenders to prevent others from experiencing the heartbreak they had suffered.

Carol Pierce, Denison’s paternal grandmother, said:

“I didn’t expect that,”

Carol Pierce said:

“I would have accepted a sentence of either life or death.”

Carol Pierce said:

“As long as you get him off the streets so he doesn’t hurt anybody else.”

District Attorney Richard Gammick praised law enforcement agencies and community after the verdict and said:

“We had three victims that brought us all together to get positive results,” Gammick said after the verdict. “A sexual predator was removed from our midst permanently.”

Deputy District Attorney Elliott Sattler praised the jury’s work and Denison family’s strength and said:

“It touches you emotionally when you deal with good people,”

Sattler said:

“And the three (victims) in this case were outstanding women.”

Sattler said:

“It’s gratifying to know that I was a part of producing justice.”

Don Richter, founder of the Secret Witness hotline, encouraged community participation and said:

“The message we’re trying to get out is that police fight crimes with guns and tear gas but all you need is a telephone,”

A mother of the December 2007 rape victim read a statement and included:

“A simple thank you is not enough to convey how I feel,”

The reporting also included:

“The woman was especially grateful to her victim’s advocate “for taking such good care of me.” The advocate’s support inspired her to become a victim’s advocate herself.”

Maizie Pusich, attorney for James Biela, planned to arrange a meeting that night between Biela and his family. Biela’s family issued a statement:

"Our hearts go out to all the families involved in this tragedy. This tragedy has robbed several families of their children and grandchildren, and a son of his father. We pray for forgiveness where forgiveness is needed. We also pray that God will ultimately bring something good out of this whole situation."

Additional quoted statement in reporting

In another described account, K.T. Hunter later said:

"Someone walked into my house and took my friend and did God knows what with her," Hunter said later. "It seems unreal...she is the nicest person, honest to God. She has such a good heart. It's so sad this happened."

In that same account, the December victim’s reported threat by the assailant included:

“If you see my face, if you tell the police, I will kill you,”

People described in the investigation narrative

The search included references to:

• “Brianna Search Operations Center,” set up inside a local casino
• A statement attributed to Reno police commander Ron Holladay about importance of solving within 24 to 36 hours:

“It is hugely important to solve a case like this in the first 24 to 36 hours,”

Holladay continued:

“Every bit after that reduces our chances of finding her alive.”

Lt. Robert McDonald and Detective David Jenkins inspected the rental house shortly after the first officers arrived. Detective Jenkins observed details including blood on the pillow, missing items including the teddy bear, and described that windows and doors provided a view into the house from MacKay Court and from adjacent College Drive. Jenkins also noted that the pillow was smeared with blood and mascara and described “three ‘distinct blood stains/transfers on the same side of the pillow and oriented below the mascara stains,’ according to the detective’s report.”

Details about Denison’s communications

Investigators noted Denison had sent and received multiple text messages in the time leading up to her disappearance, with the last one at 4:23 a.m., and later determined she had been communicating with a former boyfriend living in Oregon who police said was not a suspect and had been in Oregon at the time of her disappearance.