Higgs murder trial to resume today

RENO -- The murder trial of Chaz Higgs will resume this morning with the defendant possibly wearing bandages resembling oven mitts to cover the effects of his latest wrist slashing.

District Judge Steven Kosach decided Wednesday to restart the trial despite his initial concern that Higgs might need a psychiatric evaluation to determine whether he can cope with the proceedings.

Higgs' lawyers, David Houston and Alan Baum, told Kosach in court Wednesday that they had met with Higgs and were convinced he is lucid and can assist them in their defense of him against charges that he killed his wife, former state Controller Kathy Augustine. "There is no reason it (the trial) should not proceed," Baum said.

"We can proceed," Kosach replied. "You have been straight with me."

Higgs, 43, slashed his wrists early Tuesday in the kitchen of the Reno apartment he shared with his mother.

Houston said Higgs cut into arteries and needed at least 15 stitches to close the wounds on his wrists. His mother heard him fall and called for paramedics.

He was released from the Renown Regional Medical Center on Tuesday afternoon and taken to Washoe County Jail, where he is under a suicide watch.

When Houston saw him Tuesday, Higgs was wearing large bandages resembling oven mitts over his hands and wrists, Houston said. He did not know whether Higgs will wear the bandages today when he testifies in court.

Chief Deputy Washoe County District Attorney Thomas Barb said that if Higgs wears the large bandages in court, he will ask Higgs in front of the jury about the slashing of his wrists. "I planned to talk about his suicide attempt last summer, so why not this one?" Barb said.

Houston said that is the prosecution's call. "If they want to ridicule him, then that is their issue," he said.

Houston said he doubted that Higgs would be overly concerned with the cross-examination by prosecutors. Houston said Higgs wrote in a note before he cut his wrists that his "destiny" had been fulfilled by his two hours of testimony Monday.

"'Now I can go and be with my wife,'" Houston said, quoting from Higgs' note.

Houston said Higgs asked the media to continue to look into the financial dealings of Lt. Gov. Brian Krolicki when he was treasurer. At the time of her death, Augustine was conducting an investigation into Krolicki, and Higgs wants the investigation to be completed, Houston said.

A recent state audit found that Krolicki broke three state laws by keeping $6 million in state funds in the hands of private companies with contracts with his office. He has challenged the findings of the audit. The attorney general's office is looking into the matter.

Christopher Hicks, a Washoe deputy district attorney, said he felt the prosecution's case had improved because of Higgs' having cut his wrists.

"I think it is clear he is guilty (of Augustine's murder)," Hicks said.

Barb said the jury will be curious about what happened and appreciate learning the truth.

Higgs testified Monday afternoon that he loved Augustine and did not kill her, although he told her on July 7 that he wanted a divorce and was getting an apartment and opening his own checking account. The following morning, Higgs said, he found Augustine unconscious in the bedroom of their Reno home. She died three days later.

Before he cut his wrists, Higgs was scheduled to face cross-examination Tuesday morning.

In court Tuesday, Kosach told jurors only that Higgs had suffered an injury. Jurors were allowed to go home or return to their jobs but were advised not to view media coverage of the trial.

After jurors left the courtroom, Kosach revoked Higgs' $250,000 bail and ordered him jailed following his release from the hospital.

In an interview, Houston expressed doubt that jurors could avoid hearing, seeing or reading about the case. Newspapers in racks outside the courthouse showed photos and stories about Higgs.

Last year, Higgs slashed his wrists July 14 in the Las Vegas home he shared with Augustine. That incident occurred three days after Augustine's death and a day before her funeral, which he did not attend.

"My opinion, it was more of the same: me, me, me," Barb said of the latest wrist slashing. "It is highly suspicious."

Augustine's brother, Phil Alfano, called Higgs' wrist slashing "an act." He contended that a trained critical care nurse such as Higgs would be able to kill himself if that were what he wanted.

Higgs will be the fourth and final defense witness in the eight-day trial.

Barb intends to call two rebuttal witnesses, including a friend of Augustine who Barb said will talk about how Higgs once threw a cell phone that hit Augustine and gave her a black eye.

The case then will be sent to the jury.

Barb said he expects a verdict sometime Friday.

If convicted, Higgs could receive life imprisonment without parole.