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Attorney General Catherine Cortez Masto listens to a question during a news conference at the Sawyer State Building Thursday, Dec. 10, 2009. Masto announced at a morning news conference that she won’t pursue an appeal of the dismissal of charges against Lt. Gov. Brian Krolicki.
By J. Patrick Coolican (contact) 
Friday, Dec. 11, 2009 | 2 a.m.
Lt. Gov. Brian Krolicki
Related Document (.pdf)
Sun Archives
- Cortez Masto’s shining star dims after Krolicki decision (Dec. 8, 2009)
- Charges dismissed against Lt. Gov. Brian Krolicki (12-7-09)
- Judge to rule whether Lt. Gov. Krolicki case continues (11-24-2009)
- Krolicki case to remain in Clark County (9-8-2009)
- Lt. Gov. Krolicki wants charges against him dropped (4-13-2009)
- Lt. Gov. challenges AG’s ability to prosecute him (3-2-2009)
- Krolicki pleads not guilty to felonies (12-30-2008)
- Krolicki case highlights accounting ethics issue (12-29-2008)
- Dix questions for Conrad Hafen, Chief Deputy Attorney General (12-24-2008)
- Yellow notes could help fraud charges stick to Krolicki (12-22-2008)
- Lt. Gov. Krolick says he’s an indictment target (11-24-2008)
Silence is rarely a good strategy in a political fight, as the other side will fill the void with attacks.
Attorney General Catherine Cortez Masto, or perhaps one of her several savvy political advisers, realized this, if a bit belatedly, Thursday.
Cortez Masto, one of the most popular Democrats in Nevada, took a hit Monday when District Judge Valerie Adair dismissed her high-profile prosecution of Republican Lt. Gov. Brian Krolicki.
Cortez Masto had charged Krolicki over misallocation of office funding in a case that was always viewed as legally problematic and politically risky.
He was accused of diverting money from a state college savings program he managed when he was state treasurer and using the money on a marketing program that featured his visage prominently, and doing so without legislative approval.
Long viewed as a bipartisan conciliator with broad support across the state, Cortez Masto was suddenly painted — fairly or not — as a partisan bully.
She declined to comment after the case was dismissed, and Krolicki and other Republicans went on the attack.
“This whole thing has been absurd from the very beginning,” he said.
Ryan Erwin, his political adviser, quickly floated names of potential opponents; until this week, Cortez Masto appeared to be sailing on calm seas toward re-election.
But with a news conference and a tour of Las Vegas newsrooms Thursday, as well as an appearance today on “Face to Face With Jon Ralston,” Cortez Masto is responding forcefully.
Although she announced she would not appeal the dismissal, she defended the prosecution and said Krolicki had violated public trust.
“The former state treasurer … concealed taxpayer dollars that belonged to the state of Nevada. The money was then diverted to a private marketing company to promote, by use of his own image, a program created by the treasurer,” she said.
She said her office was upholding public integrity and asserted that the indictment would have a salutary deterrent effect, despite the failed prosecution.
Kirsten Searer, a Democratic operative, said stepping out was smart politics. “Catherine is a strong communicator. It’s why she’s one of the more popular Democrats statewide.”
Cortez Masto is the daughter of the late Manny Cortez, who was a beloved Clark County commissioner and head of the Las Vegas Convention and Visitors Authority. Her 2006 campaign also had the support of high-profile Republicans.
Searer said Cortez Masto was right to get out and explain the case to the public. “It was absolutely the right thing to do because she has nothing to hide. A legislative audit, her office attorneys and Department of Public Safety investigators found cause for concern in this case.”
Eric Herzik, a University of Nevada, Reno, political scientist and a Republican, said her public defense of the prosecution was her only move.
“She’s doing some serious damage control, for her professional career and for the AG’s office. They looked bad,” he said.
Herzik said she should have had a response on Day One. “No comment means, ‘I can’t answer it.’ ”
By waiting three days, her response “looks somewhat contrived,” he said.
Krolicki, whose political adviser Erwin helped effectively manage the story of his indictment at every junction, didn’t let up.
Krolicki called the prosecution “an absurd gross waste of resources and energy and precious taxpayer dollars.”
He pointed to countless government marketing programs that feature elected officials.
Krolicki defended his management of the college savings program. “We did an exceedingly fine job with these programs. We created three of the top 10 programs in the country. We were helping people go to college ... and balanced it to the penny.”
He said he intends to run for re-election, but also did not rule out a potential run for U.S. Senate against Sen. Harry Reid.
Attorney General Catherine Cortez Masto said her office was upholding public integrity.
Stop with the trash talk.
It was political fro the get-go
This will backfire on Greid
catherine cortez masto is a joke...
an absolute joke...
what the hell has she done about the hepatitis epidemic???
anything???
anything at all???
and yet...
yet...
she went after a medical assistant based on a complaint filed by the pathetic medical board...
an entity that is even more worthless than catherine...
she did the worthless pathetic medical board's dirty work...
are you kidding me...
she got played by the worthless pathetic medical board...
absolutely pathetic...
catherine cortez masto is dumb...
dumb, dumb, dumb...
bottom line...
catherine cortez masto is not qualified to be attorney general...
period...
end of story...
oh by the way...
i am a proud liberal democrat...
and it is time for catherine to exit the political arena...
she simply is not qualified...
hey catherine...
want to impress us...
you routinely send someone from your office to the worthless pathetic medical board meetings...
right...
i bet you know a ton of crap that the public is not aware of...
regarding a money grubbing whore doctor or two...
go after those maggots...
go after the money grubbing whore doctors that are hurting innocent patients...
although...
i have to tell you...
i doubt even that would fully make up for how badly you got played by the worthless pathetic medical board regarding the bogus emergency medical assistant regulation...
the worthless pathetic medical board made you look like an idiot on that one...
an absolute idiot...
Its very evident this prosecution was political, an attempt to bury a possible rival. Just as in Washington DC political differences are being criminalized. This a very dangerious direction because some day the Republicans will control all state elected offices so, watch out Democrat politicans.
How interesting, DWMS, unless you are a member of the press, why would you have been at a press conference? Liar much? Gee, that means most of what you have put here in your screeds are lies.
Hey all. Today (December 11) on Face to Face with Jon Ralston, we are talking with Catherine Cortez Masto about the case and much more. The program airs at 5:30pm, 6:30pm, 8:00pm and 9:00pm on Las Vegas ONE, Cox Cable Channel 19.
Catherine Cortez Masto has done a very good job overall in a state known for it corruption. One mistake is pretty minor. Look what scum we have for Senators or on the County Commission. She is one of the brighter stars in the state. I hope she has learned her lesson.
capt: this was not a minor affair. She threw away her career by carrying a heavy pail of water for someone much worse.
Why don't we create a law that forbids the use of any sitting politicians name or face on any road, building, park, magazine/newspaper ad, policy report, handout etc, if tax dollars are used.
I would go one step further, if you worked as a public servant (elected or appointed) no tax dollars may be used to promote your name or image so long as you are alive.
(That should prevent politicians from naming highways and school buildings after themselves).
"Krolicki called the prosecution 'an absurd gross waste of resources and energy and precious taxpayer dollars.'"
Those "precious taxpayer dollars" were not so precious when he funneled over $2 million to his buddy Bob Seale (former state treasurer) for "marketing" the college fund. The marketing company is not located in Nevada, by the way.
Cortez Masto desperately trying to bolster her image beyond that of a political hack seems like a huge waste of taxpayer funds.
This was an ill conceived prosecution since the beginning. Cortez made a very bad call and there could be significant political fallout for her.
AG Masto covered up the wrong doings of the Washoe County DA's office that led to an innocent man's death. This information can be found on the public record of the June 24, 2009 and November 19, 2009 Pardons Board meeting. Pt. 1 November 19, 2009 Pardons Board
On June 24, 2009 I appeared before this Pardons Board to bring it to your attention the ILLEGAL acts within in the Washoe County District Attorney's Office. I presented you with the documentation, the hand written notes that former ADA Ron Rachow made on the Motion for Discovery 21 years ago. Mr. Rachow violated BRADY V MARYLAND by withholding all of the Materiality and Exculpatory evidence that showed another person was responsible for the crime in which my innocent brother, NOLAN KLEIN, was convicted of. Not only did Mr. Rachow withhold the evidence that would have cleared an innocent man, several employees within the Washoe District Attorney's Office knew about this AND SAID NOTHING OVER THE LAST 21YEARS!! In fact, ADA John Helzer appeared before this Board on October 29, 2008 stating he looked in Mr. Klein's file. He looked, he saw and HE SAID NOTHING ABOUT THE OTHER SUSPECT, Mr. Zarsky to you. The Sparks Police Department's theory was that Mr. Zarsky was responsible for this crime as well as other crimes in which those other victims cleared my innocent brother, Nolan Klein. ALL OF THIS WAS WITHHELD FOR 21 YEARS IN VIOLATION OF BRADY V MARYLAND and EVERY MEMBER OF THIS PARDONS BOARD KNEW IT AND CHOSE TO DO NOTHING . What this Board should have done was placed Mr. Klein on this Agenda for a Pardon for EXONERATION. You did not. Instead you chose to CONDONE THE WRONG DOINGS OF THE WASHOE COUNTY DISTRICT ATTORNEY'S OFFICE FOR THE LAST 21 YEARS.
pt 2. As members of the Indigent Defense, you speak so well of not wanting to see any innocent person wrongfully convicted, however, when the wrongfully convicted is brought to your attention you turn a blind eye to the truth, thereby protecting the bad acts of officials under the color of law.On June 24, 2009 I asked that you adopt a policy by sanctioning and or disbarring those prosecutors who cover up evidence and lie to the Pardons Board. Again, you do nothing. But, when it comes to your family or friends you do everything to protect them, such as, JUSTICE HARDESTY did when he wrote a letter to a Federal Judge on behalf of one of the co-defendants in one of the LARGEST LSD DRUG BUST IN RENO'S HISTORY. This co-defendant received approximately 6 months in a federal prison. Pretty nice when compared to those drug traffickers who have appeared before you. And let us not forget that years ago Justice Hardesty knew that there were on going problems with the missing DNA in Mr. Kleins case. Missing DNA was presented to this Board when Mr. Klein appeared before you and you denied him a Pardon. On September 20, 2009 an INNOCENT MAN, NOLAN KLEIN, who was wrongfully convicted DIED in prison because of these ILLEGAL acts. The cover up still continues when I on September 8, 2009 filed with the Attorney General's Office the documents that were found in the DA's file that support Mr. Klein's claims that are pending within the 9th Circuit Court of Appeals. At the Board of Prison Commissioners meeting AG Masto and Governor Gibbons were provided with documentation showing that other evidence was found within the file in Mr. Klein's case. Instead of placing Mr. Klein on the Agenda for a Pardon for Exoneration, AG Masto and her staff are attempting to have his case dismissed
PT 3. On the June 24, 2009 Agenda you list considering hearing cases of those who maintain their innocence, yet, again you turn a blind eye to the truth. Why? I made a promise to an innocent man that I would do whatever it takes to bring the truth out and if it means exposing the corruption then so be it. We will be filing a Petition for Exoneration and if it means taking it all the way to the United States Supreme Court we will do it. In the meantime I pray that there will be a federal investigation into the Washoe County District Attorney's Office and if it means that in order to protect the innocent that the guilty go free, then so be it. It falls on this PARDONS BOARD'S MEMBER'S HEADS. MY INNOCENT BROTHER WOULD HAVE BEEN 55 YEARS OLD TODAY IF HE HAD LIVED. HAPPY BIRTHDAY NOLAN, I LOVE YOU AND I MISS YOU. I WILL BRING YOU JUSTICE. JUSTICEFORNOLANKLEIN.COM
Tonja Brown
What's up with that do? Scary looking.
No mention of why the case was thrown out?
From the L.A. Times:
"Meanwhile in Nevada, Cortez Masto had been pursuing criminal charges against Lt. Gov. Brian Krolicki, a Republican, on allegations that he misused state money while he was treasurer. Not only did Cortez Masto, a rising Democratic star, have to deal with the fallout from her husband planning a fundraiser for Krolicki's opponent but, this week, a judge tossed the charges against Krolicki and his former top aide. Cortez Masto declined to appeal the dismissal."
Shouldn't what she actually did be prominent in the discussion? Seems like your burying the lead here.
Curious here. Is the same Tessa Hafen who works for Sen. Harry Reid in Washington DC the sister of DAG Conrad Hafen?
If so, does the Hafen family connection give more fuel to the claim that Conrad Hafen's prosecution of Krolicki which was filed a day or so after Krolicki publicly stated he was going to run for Reid's federal Sen. Office is political??
If it is true could it be possible that Conrad Hafen was able to influence his boss AG Catherine Cortez Masto on the Krolicki case because his sister Tesa Hafen was possibly Sen. Reid's protege?
Inquiring minds want to know.