Slaying suspect to represent self

Kim Smith

Tuesday, June 5, 2001 | 10:37 a.m.

A murder suspect who has a history of disruptive behavior and mental problems will be allowed to represent himself during his August trial.

District Judge Donald Mosley ruled Monday, however, that Anthony Cuccia Jr. will have two public defenders on hand should Cuccia suddenly need them.

According to witnesses who testified at Cuccia's preliminary hearing last year, Cuccia shot Philip Greenspan, 59, at point-blank range inside the Stardust's sports book on Feb. 7, 2000.

Witnesses testified Cuccia, 60, fired a shot into Greenspan's left chest and then shot him again in the back as he tried to flee. Greenspan collapsed and died outside the casino.

Cuccia told police that he believes Greenspan, who once lived in the same New York borough as Cuccia, had been sent to kill him. He told police that Greenspan is a former mob hitman, but police say they have no reason to believe that is true.

Cuccia spent several weeks at a state mental health facility after the arrest because of comments he made following his arrest. He had also been declared incompetent in federal court several years ago after he threatened a judge.

Although Cuccia was calm and polite Monday, he has repeatedly acted up in court.

Cuccia, a high school dropout, told Mosley he wants to represent himself because he doesn't want public defenders Scott Coffee and Steve Immerman to delve into his mental status at trial.

Chief Deputy District Attorney Chris Owens said he doesn't object to Cuccia's request, but expressed concern that a mistrial might have to be declared if Cuccia acts up during the trial and is left without an attorney.

Owens asked Mosley to appoint Coffee and Immerman as stand-by counsel so they can step in should something happen to Cuccia.

The attorneys objected to Owen's suggestion, saying that if they were to take over Cuccia's defense in the middle of the trial they would be violating his right to a defense of his choosing.

Coffee said Cuccia only acts up when he is stressed, to which Owens replied that there is nothing more stressful than fighting for one's life in court.

Owens wondered how Cuccia will act if Mosley rules against him at any point during the trial.

Mosley agreed to keep Coffee and Immerman in the wings, but left the door open so they could research the issue.

Prior to making his final ruling, Mosley explained to Cuccia that Immerman and Coffee are two experienced attorneys who are willing to help him at no expense.

The judge also made sure Cuccia knows that he will have to follow the same rules as any attorney, will not have extra access to the jail's law library and that he faces a possible no-parole life sentence if convicted.

Cuccia told the judge he appreciates his concern, but he still wants to represent himself.

"I like a good challenge," Cuccia said.

Cuccia's trial is set for Aug. 13.