Thursday, Aug. 27, 2009 | 5:29 p.m.
A Clark County District Court judge said today that she would consider a request to move the trial of Lt. Gov. Brian Krolicki to northern Nevada and set a trial date of Oct. 12.
Judge Valerie Adair is the second District Court adjudicator to review the request from Krolicki’s attorneys and those representing co-defendant Kathyrn Besser.
Adair said she would issue her decision on the venue change Tuesday.
Attorney General Catherine Cortez-Masto has charged Krolicki with misappropriating public funds of the Nevada College Savings Program between 2001 and 2006 when he was state treasurer.
Besser, who served as his chief of staff at the time, is accused of helping him and falsifying accounts.
Both have pleaded not guilty.
The alleged crimes took place in Carson City or Washoe County, wrote Margaret Stanish, Krolicki’s lawyer, in her motion to change the venue. Holding the trial in Clark County “appears to be an attempt to gain some unfair advantage,” she wrote.
Prosecutors claim money was transferred to the treasurer’s accounts at a bank in Las Vegas and that a significant portion of the funds were misspent on advertising in Clark County.
Earlier this month, Judge Elissa Cadish recused herself from the case citing a conflict of interest. She previously had been a law partner with Scott Scherer, who assisted Krolicki during the early investigation in 2007.
Defense attorneys also sought to remove the Attorney General’s Office because of a conflict of interest while the case was assigned to Cadish.
The two sides agreed to void that protest on Aug. 20 but Stanish said it still remains an issue that could be raised again.