Special prosecutor brings wealth of experience

Monday, Nov. 22, 2004 | 11:02 a.m.

CARSON CITY -- The man chosen to be the special prosecutor in the impeachment trial of state Controller Kathy Augustine has years of experience handling major criminal cases.

Daniel Greco, chief deputy district attorney in Washoe County, has been the leader of that office's major violators unit since 1999 and estimates he has prosecuted at least 200 felony cases in which life in prison sentences were possible.

He has handled more than 30 murder cases, 20 of which have gone to trial. He sought the death penalty in three cases and obtained it in two. One of those was Terry Dennis, who was executed in August this year.

"This (the trial in the Senate) is akin to a criminal case but it is not a criminal case," Greco said. "Frankly it's a first for anyone. When the state asked me, I was happy to help."

Senate Majority Leader Bill Raggio, R-Reno, asked Washoe County District Attorney Richard Gammick for help when there was a defense objection raised that the state attorney general's office had a conflict of interest. Gammick recommended Greco.

Greco is registered to vote as a Republican, according to Washoe County records.

Because Augustine is a Republican, Sen. Bob Coffin, D-Las Vegas, asked whether Greco had ever been involved in politics. Greco said Thursday he has never run for political office or been involved in politics.

The Senate will return in session Nov. 29 to hear defense objections to the impeachment of Augustine, who has admitted she should have known some of her staff was working on her 2002 re-election campaign during state time and using state equipment such as the computer.

The official trial is expected to start Dec. 1. Greco estimated it may take two weeks. But he added, "We often see defense attorneys' estimates of trial time exceed those of prosecutors."

He said he had a murder trial scheduled for the second week in December but has had it transferred to another prosecutor to ensure that his schedule is cleared for the Augustine impeachment.

John Arrascada, one of Augustine's lawyers, has faced Greco before in Northern Nevada courts. Arrascada recalled defending two people in murder cases that Greco prosecuted. Arrascada said in one case the defendant was convicted of second-degree murder and in the other case the person was acquitted.

Arrascada said Greco is "as good as you get." He said Greco is "fair but tough," and "we (the defense lawyers) will have our work cut out for us." He also described Greco as "a good hard worker" who is "extremely ethical and extremely thorough."

Greco said Arrascada and his fellow defense lawyer Dominic Gentile's allegations that the attorney general's office has a conflict of interest are "debatable," but, he said, he agrees "to avoid the appearance of impropriety that the best thing to do was appoint a special prosecutor.

"Of course, it would have been nice to receive a little more notice," Greco added.

Greco was appointed special prosecutor by the Senate on Nov. 12.

"I will be ready," Greco said Thursday after watching the entire Assembly proceeding to date. "I will be as prepared as any lawyer possibly can be with two weeks notice."

After graduating from high school in Berkeley, Calif., in 1978, Greco earned a bachelor's degree from Santa Clara University in 1982, took a year off to work in a casino in Reno to save money for law school and then graduated from McGeorge School of Law in Sacramento in 1986.

He worked as a law clerk for Douglas County District Judge Norman C. Robison from September 1986 to August 1988, joined the district attorney's office in that county as a deputy, and worked there until 1993 when he went to work for the Washoe County District Attorney's Office.

The Legislature will reimburse Washoe County for Greco's salary during the trial. He makes $110,000, or $1,923 a week, officials said.

If the Senate sustains the charges against Augustine, there is nothing in the rules that says whether there should be a penalty hearing, Greco said. He said he wants to talk more with Lorne Malkiewich, director of the Legislative Counsel Bureau as to whether Greco will be required to argue for a penalty.