Supreme Court rejects appeal in fatal shooting at sports book

Thursday, Feb. 19, 2004 | 9:17 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday upheld the first-degree murder conviction of Anthony Cuccia Jr., who claimed he gunned down another man in Las Vegas who had been hired by the Mafia to murder Cuccia.

Cuccia, in the appeal, contended he was not competent to stand trial or waive his right to a lawyer.

The court upheld District Judge Jackie Glass, who ruled that Cuccia was mentally competent to stand trial and to give up his right to a defense attorney.

The court said Cuccia was found competent after two separate mental evaluations. He was able to explain the charges against him and was able to understand the proceeding by filing several motions on his own behalf, said the decision.

The court said the doctors who examined Cuccia found he the ability to assist his defense counsel. Cuccia had waived his right to counsel. But he was represented at trial by a defense lawyer.

Cuccia fatally shot Phillip Greenspan at the Stardust hotel sports book on Feb. 7, 2000, claiming the Mafia had hired Greenspan to kill him. He said he had to kill Greenspan before he was killed.

Cuccia, 62, testified at the trial that the Gambino crime family had put out a contract on his life nearly 20 years ago because they wrongfully thought he was a government snitch.

The prosecution said Greenspan was not a member of any mob and had been innocently eating some soup when he was shot to death.

At the trial Cuccia directed his lawyers to argue self-defense rather than insanity. The court said Cuccia had an "absolute right" to prohibit his lawyer from pursuing an insanity defense.

"Since Cuccia was competent to stand trial, he had the right to control his defense, even over the objections of defense counsel," the court ruled.

"It is reversible error when defense counsel raises a defense over the defendant's objection," it said.

Cuccia was sentenced to life in prison without the possibility of parole.