Retrial begins for man once sentenced to die in killing of teacher

Bill Gang

Wednesday, Feb. 23, 2000 | 10:32 a.m.

Jury selection has begun in the retrial for one-time death row inmate Charles Manley, who had been convicted in the 1995 execution-style shooting death of his girlfriend, a popular Clark County teacher.

Attorneys were expected to seat a jury sometime today in District Judge Joseph Pavlikowski's courtroom, but opening statements aren't scheduled until Thursday.

Manley was given the death sentence after being convicted of first-degree murder in the fatal shooting of his live-in companion, Roxanne Logan, but the Nevada Supreme Court overturned the conviction and ordered a new trial.

In its 6-1 decision, the high court ruled that Manley's attorney-client privilege was violated during his first 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."

In addition to the murder conviction, Manley, now 52, also was convicted of stealing her Ford pickup.

Testimony at the trial showed Logan, a remedial reading teacher, became disenchanted with Manley because she was supporting him and he was using her 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.

Manley, under questioning by his own lawyers at the first trial, disclosed some of their conversations, and District Judge Sally Loehrer ruled Manley had waived his attorney-client privilege to remain silent on all such communications.

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 he said indicated it was an "execution-style" killing, not accidental as claimed by Manley.

Forensic evidence indicated Logan was lying on the floor when the fatal shot was fired into her head.

The defense case also was damaged because of evidence that Manley jumped bail and fled to New Jersey before his original trial date.