LAKEPORT — A Nevada man convicted this past summer of murdering his ex-girlfriend was sentenced to life in prison on Monday.
Judge Arthur Mann sentenced Paul James Smiraglia, 46, of Reno, to life in prison without the possibility of parole for the July 2002 murder of 43-year-old Diedre Coleman of Upper Lake.
During Smiraglia”s June trial, the prosecution, led by Deputy District Attorney Richard Hinchcliff, accused Smiraglia of killing Coleman in the Alvita Street home of Sharmon Hawley in Clearlake in July of 2002.
Hinchcliff presented evidence to the seven-man, five-woman jury that Smiraglia — a former methamphetamine manufacturer — had a history of violence against women, and that before beating Coleman to death he held her down and injected muriatic (or hydrochloric) acid into her ear in an attempt to kill her.
After killing Coleman, Smiraglia dumped her body along Cache Creek, off Highway 20. Later, while in state prison in Nevada, he tried to contract with another inmate to kill Hawley, who was in the house the night Coleman died.
After 10 days of testimony, including 28 witnesses, Smiraglia was convicted on June 29 of first-degree murder with a special allegation of torture.
Since then, however, there have been several months of delays in handing down the sentence, including Smiraglia asking for his attorney, Doug Rhoades, to be replaced with a new attorney.
On Monday, the delays continued, when the 1:30 p.m. sentencing was pushed until after 3 p.m. so the courtroom could be cleared to allow a Marsden hearing to take place.
A Marsden hearing ? which is kept confidential and includes only the judge, defendant and defense attorney — allows a defendant to outline their concerns or objections to their court-appointed counsel.
After a lengthy hearing, Mann dismissed Smiraglia”s objections and reconvened court.
Before passing sentence, Mann called forward Coleman”s mother, Revae Leppanen, who gave her victim impact statement.
Leppanen showed pictures of her Coleman, her youngest child, in happier times, and thanked the investigators, prosecutors and Victim Witness Department for helping her and her family “throughout this ordeal.”
Looking at Smiraglia, seated at the defense table, Leppanen said she and her family “have waited more than four years for this outcome. Diedre was not your only victim. Her children, siblings and our entire family are victims. We will never be able to erase the image of the way she died from our memories.”
Leppanen said she never doubted her daughter would be found, or Smiraglia convicted, but that she wished it had come sooner. The conviction is “some form of closure,” she said, although her family would never truly have closure over Coleman”s death.
Citing her daughter”s methamphetamine use, which led her into Smiraglia”s sphere, Leppanen said she didn”t know what caused her daughter to make those choices. “I do not make excuses for her. She voluntarily made her decisions and once starting down this path to drug use, was so caught up I believe she was no longer capable of good judgment.”
Leppanen remembered her daughter”s “good heart,” her kindness and her bright smile. She said she believed Coleman was close to giving up drugs and choosing a different path, but that she never got the chance to make that decision.
Turning her full fury on Smiraglia, Leppanen ? who said she could not speak Smiraglia”s name ? called him “a shape filled from head to toe with evil.”
At that point, Smiraglia burst out, “I didn”t kill her!” A bailiff came from behind and ordered him to sit back in his seat and allow Leppanen to continue.
Leppanen said she hoped Smiraglia would spend the balance of his life in a small cell where he could no longer control or hurt anyone.
She ended by telling him, “May you rot in hell.”
Following Leppanen”s statement, Hinchcliff made a statement for the record, saying that due to Smiraglia”s violent acts, he needed to be locked away for life.
Mann then passed the life sentence, which gives Smiraglia no chance for parole. Mann informed Smiraglia that if he chooses to file for appeal, he must do so with Mann”s court within the next 60 days. When asked if he understood that, Smiraglia replied in the affirmative, and said that Rhoades ? who he earlier had tried to have removed from his case ? had already agreed to file the motion for him.
Following sentence, Smiraglia was returned to the Lake County Jail. From there, he will be transported to the state Department of Corrections” processing center at San Quentin State Prison, said Hinchcliff. There, Smiraglia will be evaluated, classified and processed, and prison officials will decide to which prison he will be sent.
Contact Elizabeth Larson at elarson@record-bee.com.
