Augustine’s attorneys look forward to cross-examining

Monday, Nov. 15, 2004 | 9 a.m.

CARSON CITY -- Controller Kathy Augustine, suspended from office but still drawing pay, will return to the Senate on Nov. 29 to enter a plea to articles of impeachment charging her with misusing her office and breaching the public trust.

Defense lawyer Dominic Gentile said he is ready to show that Augustine should not be convicted in the Senate trial of three counts of using her employees and state equipment on state time in her 2002 re-election campaign.

"Anytime I have a right to confront and cross-examine and discredit a witness, I've got what I need," Gentile said Friday. "I sure as hell didn't have that yesterday (Thursday)," referring to the procedure before the Assembly.

The Assembly voted unanimously Thursday to file articles of impeachment against Augustine, who is now in the middle of her second term. Her lawyers, Gentile and John Arrascada, were not permitted to cross-examine witnesses in the Assembly.

Although the offenses were allegedly committed during her first term, she can be prosecuted for them in her second term, Legislative Counsel Brenda Erdoes said. And Erdoes said if she's convicted, the punishments can range from none at all to barring her from ever holding public office again.

Senate Majority Leader Bill Raggio, R-Reno, said the next hearing would allow Augustine and her lawyers to challenge the sufficiency of the evidence in the articles of impeachment. If the Senate strikes down the challenge, then Augustine would enter a plea and the trial would start shortly after that.

It will take two-thirds, or 14, of the 21 senators to convict her. A majority of the Senate would decide her punishment.

Gov. Kenny Guinn has determined that Augustine will continue to draw her $80,000 a year salary until the process is complete.

"She is innocent until proven guilty," said Guinn's Press Secretary Greg Bortolin. "The governor has no intention of suspending her salary. She still does hold the office, even if she is suspended."

Guinn also named Augustine's chief deputy Kim Huys as a temporary replacement. Huys, who has been in the office for three years, said she will keep the office running efficiently.

Before the Senate returns, defense lawyers and special prosecutor Dan Grecco are required to get together with Lorne Malkiewich, director of the Legislative Counsel Bureau, to exchange a list of witnesses and copies of the exhibits to be introduced. The list and exhibits will be distributed to all the senators but will not be released to the public until the trial.

Grecco, who will be assisted by the state Attorney General's Office, was selected by Raggio, who called him a "top-level career prosecutor." Raggio said he does not know Grecco, who works in the Washoe County District Attorney's office, but said Grecco has been prosecuting major cases for 12 years. Grecco is the team leader in the district attorney's major crimes prosecution unit. The state will reimburse the Washoe County District Attorney's office for Grecco's time, officials said.

Sen. Bob Coffin, D-Las Vegas, said the Senate should know more about Greco before it approves his nomination. He said he wanted to learn if Greco had ever run for political office or was ever involved in a political campaign.

Raggio said he did not know but said if Coffin finds such information, he can get into the matter later.

Raggio said he named a special prosecutor "in the interest of caution" because Augustine's attorneys objected to allowing the state attorney general's office to participate on grounds of conflict of interest. Raggio said attorneys for the Legislature believe there is not a conflict.

State officials also had previously said that there was not enough time for a special prosecutor to come up to speed on the case.

The Senate, when it returns later this month, will change into a committee of the whole with Sen. Mark Amodei, R-Carson City, presiding over the trial. Amodei, chairman of the Senate Judiciary Committee, will be allowed to vote.

Raggio advised the senators they must turn off their cell phones and laptop computers when they are in session, so no one can communicate with them. And he cautioned the senators, they "should not discuss" the impeachment case with anybody.

When the Senate convened Friday to receive the articles of impeachment from the Assembly, three members were absent but excused. They were Maggie Carlton, D-Las Vegas, Maurice Washington, R-Sparks and Joe Heck, R-Las Vegas.

Assembly Speaker Richard Perkins, D-Henderson, had appointed Assembly members Bernie Anderson, D-Sparks, Sheila Leslie, D-Reno and Lynn Hettrick, R-Gardnerville, to carry the articles of impeachment to the Senate. But because of the numerous delays in getting started and the recesses, Hettrick wound up leaving before the articles were delivered.

Gentile said there was one "wonderful thing" that happened in the Assembly. It gave the people a chance to see the meager protections afforded the person accused. He called the process "super lousy."