Las Vegas man wrongly convicted of 1974 murder is awarded nearly $2M

Nevada Attorney General Aaron Ford announced Tuesday a wrongfully convicted man will receive nearly $2 million for the 20 years he spent behind bars after a wrongful conviction. 

Frank LaPena, 83, was awarded $1.98 million after he was given a Certificate of Innocence from the Eighth Judicial District Court, according to a news release from Ford’s office. Judge Gloria Sturman entered stipulated orders on June 30, and the compensation award was approved by the Nevada Board of Examiners. 

“Today, Mr. LaPena’s innocence was fully acknowledged by the state, and he is free to enter into a new chapter in his life,” Ford said in the release. “No amount of money can ever replace our freedom, but with this decision, Mr. LaPena will receive some redress for the years he has lost.”

LaPena was arrested in the murder and robbery of Hilda Krause, wife of casino magnate Marvin Krause, in 1974. LaPena, then a bell captain at the Hacienda resort in Las Vegas, and his former girlfriend were named the masterminds by the actual murderer, Gerald Weakland, according to the release. 

Weakland changed his testimony at LaPena’s first trial and testified that LaPena was innocent. He again changed his testimony in LaPena’s second trial. LaPena was convicted in 1977 of first-degree murder and robbery with use of weapon in commission of a crime, according to the release.

The Nevada Supreme Court overturned LaPena’s first conviction in 1982, but LaPena was retried and reconvicted in 1989. In 1997, the Eighth Judicial District Court vacated LaPena’s conviction pursuant to a post-conviction petition for writ of habeas corpus, but the state’s high court overturned the decision in 1998. 

LaPena in 2003 sought and received a sentence commutation from the Nevada Board of Pardons. In 2018, following evidentiary hearings, the Eighth Judicial District Court determined DNA testing and evidentiary testimony confirmed that Weakland lied about Hilda Krause’s murder. According to the release, LaPena in 2019 received an unconditional pardon from the Nevada Board of Pardons based on his innocence. 

The Legislature in 2019 adopted Assembly Bill 267 — later amended by Assembly Bill 104 in 2021 — to compensate those who have been wrongfully incarcerated if they can prove, by a preponderance of evidence, that they did not commit the crime for which they were convicted, were not an accomplice and did not otherwise cause their own conviction. Additional costs, including legal fees, educational expenses, counseling services and other expenses may be eligible for reimbursement. 

LaPena is the fifth person in Nevada to receive a Certificate of Innocence under the new statute, according to the release.