Casino slaying suspect will represent himself

Kim Smith

Wednesday, May 8, 2002 | 8:36 a.m.

Just weeks after being declared mentally competent to stand trial, a former New Yorker charged with shooting another New Yorker to death won the right to represent himself at trial.

District Judge Jeffrey Sobel reluctantly told Anthony Cuccia Jr. Tuesday he can defend himself in his June 17 murder trial.

Cuccia is accused of shooting Philip Greenspan, 59, to death on Feb. 7, 2000, inside the sports book at the Stardust.

During Cuccia's preliminary hearing, witnesses testified Cuccia fired a shot into Greenspan's left chest, then shot him again in the back as he tried to flee. Greenspan collapsed and died outside the hotel.

Cuccia believed Greenspan was a mob hitman who had been sent to kill him because he, too, was once a mob hitman, prosecutors said.

Prosecutors and former defense attorneys say they believe Cuccia is delusional. Under Nevada law, however, one can be delusional, but declared competent for trial.

A person who is competent must simply understand the nature of the charges against him and be able to assist in his own defense.

Moreover, according to the U.S. Supreme Court, defendants have a constitutional right to serve as their own attorney as long as they do so voluntarily and knowingly, as long as they are aware of the dangers and disadvantages of doing so and as long they are mentally competent and intelligent, despite their lack of a law degree.

Cuccia was scheduled to represent himself at his trial last August, but Sobel became concerned about the defendant's mental well-being, assigned him an attorney and sent him to a state mental health facility for evaluation.

A panel of doctors in March said Cuccia is competent.

On Tuesday Sobel allowed Cuccia to take over his own defense, but Sobel kept defense attorney Jay "Chip" Siegel as stand-by counsel.