Parole denied for two killers

Monday, Feb. 9, 2004 | 9:45 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A 72-year-old mother whose son was shot to death in Las Vegas during a home burglary said she's happy the killer has been denied parole.

Hama Hintz said today that killer James Allen should spend the rest of his life in prison for the murder of her son, Tony L. Sylvester.

The parole board said Friday it had rejected the pleas for release from Allen and Frank LaPena, who was convicted of plotting the killing of the woman of a Las Vegas casino executive.

David Smith, a spokesman for the parole board, said the reason for the denials for both were the nature and severity of the crime. Allen will have to wait until 2008 before he can reapply. LaPena will be eligible to submit a request in 2006.

Allen was initially sentenced to death but the Nevada Supreme Court reversed the penalty. He than agreed to plead guilty in return for a life term without the possibility of parole.

Allen and LaPena, who was also serving a life term without the possibility of parole, won clemency from the state Pardons Board in December. The board reduced the terms to allow the two men to apply for parole.

Hintz said if she continues in good health, she will continue to oppose the release of Allen. And if she is unable, her sons will fight parole. "He (Allen) was supposed to get the gas chamber," she said.

Allen, 44, told the pardons board he was "truly remorseful" for the killing and added, "I took a life. God chastises me every day." He was 19 years old at the time.

LaPena, 65, who has maintained his innocence, was convicted of hiring Gerald Weakland in 1974 to kill Hilda Krause, the wife of Marvin Krause, slot manager for Caesars Palace.

Hilda's throat was slit and Marvin was beaten in their home.

LaPena's girlfriend Rosalie Maxwell worked at Caesars Palace and was dating Marvin Krause.

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

Krause has since died.