No, Rohner replied. Nieves, who is reportedly a member of the Latin Kings street gang, could face the death penalty if convicted of aggravated murder and other charges in the Aug. 14, 2004, slaying of the 48-year-old Walls.

Police and prosecutors say Nieves and Jose Rosado, who is serving a 23-year-to-life prison sentence for his role in the robbery, kicked in the door of Walls West 17th Street home and held Walls, his girlfriend and their then-3-year-old son at gunpoint while the robbers searched the house for marijuana and cash. Walls, an area drug dealer, died after being shot in the back, Lorain County Coroner Paul Matus testified Thursday.

In another phone call, this one to his girlfriend Sylvia Rodriguez, Nieves can be heard asking her if she found the kicks a slang term for shoes and whether she had thrown them away. When Rodriguez asks Nieves if he wants her to throw the shoes away, he replies (expletive) yeah. Nieves has denied involvement in the robbery, saying he was with Rodriguez, who has already been convicted of helping Nieves and Rosado elude capture in the days following the robbery.

Ortner and Nieves other attorney, Dan Wightman, have both suggested that Nieves friend, Angel Vargas, was the man who accompanied Rosado during the robbery. Vargas, who has never been charged in the case, said he knew the robbery was going to happen, but was across the street when it took place. He also hid the gun, but later led police to it.