Parole possible for man convicted in 1974 killing

Monday, Dec. 15, 2003 | 9:27 a.m.

CARSON CITY -- A man convicted of plotting the murder of the wife of a wealthy Las Vegas casino executive will be allowed to apply for release from prison next month, the state Pardons Board has ruled.

Another man who killed his wife for her money is apparently going to have to spend the rest of his life in prison after action taken by the board Friday.

Frank LaPena, serving a life term without the possibility of parole, will be able to apply for release at next month's meeting of the state Parole Board.

But the board turned thumbs down on Sylvester Azbill, 77, who has served 36 years in prison for the murder of his wife, Rose Azbill, in an effort to inherit her money. Azbill, a one-time Democratic candidate for secretary of state, is in poor health and wanted a chance to apply for parole and live with his cousin in Las Vegas.

LaPena, 65, was convicted of hiring a hit man to murder Hilda Krause, the wife of a Caesars Palace executive.

Carmine Colucci, a Las Vegas lawyer representing LaPena, said LaPena has spent 17 years in prison without any disciplinary write-ups. LaPena has had no drug or alcohol problems, Colucci said.

LaPena was found guilty of hiring Gerald Weakland to kill Krause in January 1974.

Krause's throat was slit, and her husband, Marvin, was beaten in their home.

LaPena's girlfriend, Rosalie Maxwell, worked at Caesars Palace and was dating Marvin Krause, who was a slots manager.

According to testimony at the trial, the plot was for Maxwell to marry Krause and later inherit his fortune for herself and LaPena.

Former Nevada Supreme Court Justice Al Gunderson, now a Las Vegas attorney, testified in support of LaPena.

"They made a wrong call in charging Mr. LaPena," Gunderson said.

He said Weakland changed his story three times before identifying LaPena as the man who hired him. Gunderson, while on the Supreme Court, dissented in an opinion that upheld the conviction of LaPena.

"I am more convinced than ever that Frank LaPena should never have been charged," Gunderson said.

LaPena was convicted of first-degree murder and sentenced to life in prison, but the court overturned the decision. He was free for about seven years before he was again convicted and sentenced to life in prison.

During that time of freedom, Colucci said, LaPena could have left the country, but he turned himself in after the second conviction.

Weakland pleaded guilty to second-degree murder and has been paroled six times but has always ended up back in prison. Weakland has actually spent seven to eight years in prison, Colucci said.

LaPena has always denied his involvement in the crime.

The state Pardons Board is made up of the governor, the attorney general and justices of the Nevada Supreme Court.