Convicted killer to get new penalty hearing after 30 years on Death Row in Nevada

CARSON CITY — A convicted killer who has been on Nevada’s death row for nearly three decades will get a new penalty hearing after the Nevada Supreme Court ruled his public defender was deficient in representing him.

Richard Canape, now 61, was sentenced to death for the 1988 killing of Manuel Toledo, a New Jersey man killed after he ran out of gasoline on his way back to Las Vegas from a hunting trip in Utah.

In a ruling posted Friday, the Supreme Court dismissed Canape’s claims that his trial lawyer at the time, Stephen Dahl with the Clark County public defender’s office, was ineffective during trial. But justices said Canape was not adequately represented during the penalty phase.

“Counsel’s performance during the penalty phase of Canape’s trial was concerning,” Chief Justice Ron Parraguirre wrote for the court in the unanimous decision, which faulted the lawyer for presenting no evidence or mitigating circumstances on Canape’s behalf.

“Counsel began his argument by apologizing for being absent when the guilty verdicts were announced, explained that he was not fully prepared to argue, then reminded jurors that they did not have to execute Canape — but they could if they wanted to,” justices said.

“We conclude that counsel’s performance fell below an objective standard of reasonableness.”

The victim had flown to Las Vegas, where he rented a car a drove to Cedar City, Utah, for an elk hunt in October 1988. On his way back to Las Vegas, he ran out of gasoline on Interstate 15. A convenience store clerk recalled he had come into the store with gasoline cans, and told her someone was giving him a ride back to his car.

Toledo’s body was found down an embankment the next day by another motorist who had broken down along the interstate. Investigators said he died of two gunshot wounds.

About two weeks after Toledo’s killing, Canape was arrested for an attempted armed robbery of a liquor store in Las Vegas. A police weapons expert matched a handgun Canape had on him with the bullets recovered from scene where Toledo was killed.

Canape was convicted of first-degree murder and robbery, both with a deadly weapon.

Christopher Oram, a Las Vegas attorney who handled the latest appeal, said Canape suffers from serious mental illness.

“I’m really pleased that the Nevada Supreme Court has given him an opportunity to present his extensive history of mental illness, as I have no doubt a jury will not impose a sentence of death on him again,” Oram said.

Contact Sandra Chereb at schereb@reviewjournal.com or 775-461-3821. Follow @SandraChereb on Twitter.