The sentencing of a Nevada man convicted in June of his ex-girlfriend”s murder was postponed Monday, Aug. 7, after his defense attorney cited an inability to further represent him.
On Thursday, June 29, after just two hours of deliberation, a jury found Paul Smiraglia, 46, of Reno, Nev., guilty of first-degree murder in the July 2002 death of Diedre Coleman.
Smiraglia bludgeoned Coleman to death with a hammer; before that, he had injected hydrochloric acid into her ear. Because of that latter act Smiraglia was charged with a special torture allegation, which raised the murder charge against him to first degree.
On Monday, when Smiraglia appeared in Judge Arthur Mann”s Department 3 courtroom, he was one of many prisoners sitting in the jury box awaiting action on their case.
When his case was called and he came forward to the defense table to join his defense attorney, Doug Rhoades, told the court that they were not ready to proceed with sentencing.
“I cannot continue to represent Mr. Smiraglia,” said Rhoades, citing a “conflict” that had arisen that morning in a conversation between him and Smiraglia.
Rhoades said in that brief discussion, Smiraglia expressed views about Rhoades” representation of him that gave rise to the conflict.
After Mann agreed to reschedule sentencing bailiffs immediately removed Smiraglia from the room, returning him to the jail.
The delay in sentencing proved a serious disappointment for Revae Leppanen, Diedre Coleman”s mother, who ? after enduring Smiraglia”s month-long trial and the four years since her daughter”s death ? was prepared to read her victim impact statement to Smiraglia.
For Deputy District Attorney Richard Hinchcliff, who prosecuted Smiraglia and who is poised to begin another lengthy murder trail in the coming weeks ? that of Edward Munoz for the 2002 murder of Leah Leister ? it was a frustrating, but not totally unexpected, outcome. Such delays, he said after leaving the courtroom, are common.
Mann rescheduled sentencing for Monday, Aug. 14, with Rhoades expected to make a declaration by that time concerning why he can no longer represent Smiraglia.
Contact Elizabeth Larson at elarson@record-bee.com.
