Anthony Gross, a co-defendant in the murder case against fitness celebrities Craig Titus and Kelly Ryan, listens during a District Court hearing Tuesday in which his trial was separated from the trial of Titus and Ryan. Photo by Gary Thompson. Craig Titus Murder suspect involved in plot to kill three witnesses, prosecutor says in court

A prosecutor alleged in court Tuesday that bodybuilder Craig Titus was involved in a plot to kill three witnesses in his murder case though authorities have yet to file related charges against Titus.

Clark County prosecutor Robert Daskas' comments marked the first time that officials had accused Titus of directing an acquaintance, Nelson Brady Jr., to have the trio of witnesses killed.

But Titus' defense attorney, Marc Saggese, said that he does not think authorities have enough evidence to file murder-for-hire charges against his client, or they would have done so.

"They already would have heaped it on: three counts to conspiracy to commit murder," Saggese said. "And, regardless of the district attorney's opinion, there is sufficient evidence to show Craig Titus was not involved in this."

Titus, a nationally known bodybuilder, and his fitness champion wife, Kelly Ryan, are charged with murder in the death of their live-in personal assistant, Melissa James, in December.

A third individual, Anthony Gross, is charged with arson and with being an accessory to murder. Authorities allege he helped the couple drive James' body to the desert off state Route 160, where the remains were set ablaze in the trunk of Ryan's Jaguar.

Two weeks ago, police arrested Brady, a jailhouse acquaintance of Titus, on charges of trying to have three witnesses in the case killed. Authorities said Brady met with an undercover officer posing as a go-between for a hitman in May and handed over money for the killings of Gross and two other witnesses, Megan Pierson Foley and her husband, Jeremy Foley.

Brady was recorded twice talking to Titus on phone lines at the Clark County Detention Center. Authorities said the men were talking in code about the murder-for-hire plot.

Brady's attorney, Erick Ferran, said this week that Brady plans to fight the charges.

Authorities have been tight-lipped about whether Titus will be charged.

Daskas has declined comment, saying only that no timeline has been set for a decision on whether charges will be filed. Las Vegas police have not returned calls seeking comment.

In the courtroom of District Judge Jackie Glass on Tuesday, Gross was in court for what appeared to be a routine motion on his demand to go to trial separately from Titus and Ryan, who are scheduled to go to trial in January.

During the hearing, Daskas announced he would not oppose a separate trial for Gross, and he gave three reasons for his decision.

First, Daskas said that for Gross to go to trial with Titus and Ryan would be unfair because no evidence suggests Gross was involved in the killing of James.

"Mr. Gross, as far as we know, is not part of the conspiracy to kill the victim," Daskas said.

He also said he was concerned that if the three went to trial together and Gross was convicted, that might create appeal issues before the Nevada Supreme Court.

"Then," Daskas told the judge, "there's this plot to kill Mr. Gross by one of his co-defendants, Craig Titus."

Glass granted Gross' motion and described the murder-for-hire allegations as an "interesting twist."

Daskas refused to elaborate on his comments outside of court.

Gross' attorney, Louis Palazzo, said Gross recently took steps to ensure his safety. Palazzo said he has a hard time believing Titus' claims that Brady acted on his own to kill his client with no help from the bodybuilder.

"I find it incredible that Mr. Titus would suggest someone such as Mr. Brady, out of the goodness of his heart, would have three murders committed in Mr. Titus' case when Mr. Brady would receive no benefit from it," Palazzo said.

Palazzo bristled at suggestions that Gross, who is out of custody on $13,000 bail, is cooperating with authorities.

"I'm telling you, there is no cooperation," Palazzo said. "He's still a defendant in a separate criminal case, and if pushed, he'll go to the mat in early June to defend himself."