New trial date set for defendant in teacher slaying

Bill Gang

Tuesday, July 20, 1999 | 10:03 a.m.

A new trial for one-time death row inmate Charles Manley has been set for Sept. 13 in District Judge John McGroarty's courtroom.

Manley was given the death sentence after being convicted of first-degree murder in the 1995 execution-style shooting death of his girlfriend, a popular Clark County teacher.

That conviction was overturned and a new trial ordered last month by the Nevada Supreme Court in a 6-1 vote that stated the defendant's attorney-client privilege was violated during last year's trial.

The decision said that in questioning Manley, the district attorney's office "delved into matters which can only be characterized as confidential communications between (Manley) and his attorneys, which are protected by the attorney-client privilege."

Manley, now 52, was convicted of the fatal shooting of his live-in companion, Roxanne Logan, and stealing her Ford pickup in March 1995 in Clark County. Testimony at the trial showed Logan, a remedial reading teacher, became disenchanted with Manley because she was supporting him and he was using the money to drink.

After the shooting, Manley fled to California, where he consulted an attorney before agreeing to surrender and return to Las Vegas.

Originally Manley claimed he was in California at the time of the killing.

But as contrary evidence mounted -- including DNA testing, bloody fingerprints and blood on his clothing -- his attorneys abandoned the tactic and Manley then claimed the shooting was accidental.

At his trial Manley, under questioning by his own lawyers, disclosed some of their conversations and District Judge Sally Loehrer ruled Manley had waived his attorney-client privilege to remain silent.

Under cross examination by prosecutors, Manley said he told his lawyers that he and Logan had been arguing about her missing wallet, cash and credit card. He did not tell his attorneys that Logan had accused him of stealing them.

Manley testified he had told his lawyers he tried to take the gun away from Logan. But he did not tell his lawyers, as he told the jury, that he forced Logan's right arm up behind her back and the gun went off accidentally. She was shot in the back of the head.

The high court said the cross-examination of Manley damaged his "credibility by implying that Manley had not been entirely truthful even with his own attorneys." "The jury's assessment of Manley's credibility was crucial in this case, where Manley claimed the shooting was accidental and only Manley and Logan were present when she was shot," the court said.

Justice Myron Leavitt filed the lone dissent, concluding the error was harmless when compared to the evidence that indicated it was an "execution style" killing, not accidental as claimed by Manley.