Court reverses murder conviction

Tuesday, June 8, 1999 | 11:04 a.m.

CARSON CITY -- The Nevada Supreme Court Monday overturned the first-degree murder conviction and death penalty for Charles Manley, found guilty of the "execution style" shooting of his girlfriend in Clark County in 1995.

The court, in its 6-1 decision, said prosecution lawyers violated Manley's attorney-client privilege during the trial. It ordered a new 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 appellant (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. He agreed to surrender and return to Las Vegas. His trial attorneys filed an alibi notice that Manley was in California at the time of the killing.

But evidence, including DNA testing, bloody fingerprints and blood on his clothing mounted. And that defense was not used. Manley then said the shooting was accidental.

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

Prosecutors, upon cross-examination, asked him a series of questions about what he told his lawyers about the shooting. For instance, 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 that he forced her right arm up behind her back and the gun went off accidentally. She was shot in the back of the head.

The court said the cross-examination of Manley damaged his "credibility by implying that Manley had not been entirely truthful even with his own attorneys and had either omitted information detrimental to him or simply lied to them regarding what happened the night of the shooting.

"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. It added Manley "was substantially prejudiced by the prosecutor's inquiry into whether he told his attorneys certain facts about Logan's death."

Justice Myron Leavitt filed a dissent, agreeing the attorney-client relationship was violated but said the error was harmless. The issue of guilt and innocence is not even close in this case, Leavitt said. Evidence, he said indicated it was an "execution style" killing, not accidental as claimed by Manley.

The outcome of the trial would have been the same even if there had been no error, Leavitt said.

Manley, after the shooting, talked with lawyers in California and then surrendered to Las Vegas authorities. He posted bail and then fled. He was caught after being the subject of the national television program "America's Most Wanted."