Judge denies Higgs new trial

RENO -- A judge has rejected Chaz Higgs' bid for a new trial based on his claim that a chance meeting between a juror and another judge tainted the guilty verdict in the murder of his late wife, former state controller Kathy Augustine.

Washoe County District Judge Steve Kosach heard testimony on Friday from the juror and Family Court Judge Chuck Weller before refusing a request by Higgs' lawyer to hold another hearing with witnesses whom he said would challenge some of the juror's testimony.

"I see a juror and a District Court judge having a chance meeting; pleasantries are exchanged," Kosach said. "I do not see any undo influence whatsoever."

The lawyer, David Houston, said after the hearing that he planned to file a new motion along with transcripts from an interview that the juror had with his investigator to show that her testimony on the stand was different from what she said just after the Higgs trial ended.

"There were absolute, direct contradictions between what she said here and what she said in two interviews," Houston told the Reno Gazette-Journal. "I'm sorry we didn't have a chance to present that."

Higgs was convicted on June 29 of killing Augustine by injecting her with succinylcholine, a paralyzing drug. He was sentenced to life with a possibility of parole after serving 20 years.

Houston said that during Higgs' trial, the juror and Weller had a chance encounter and spoke about the case of Darren Mack, charged with shooting Weller last year and killing his estranged wife, Charla Mack.

A nurse in the Higgs case testified that Higgs criticized Mack, saying the better way to kill someone was with succinylcholine because it can't be traced, Houston said. Since that testimony played such a large role in their guilty verdict, and the juror and Weller talked about the Mack case, the verdict should be thrown out, Higgs attorneys contended.

But on Friday, both the juror, Linda Platshon, and Weller testified that they did not talk about the Higgs case and didn't remember discussing the Mack case.

Platshon said she recognized Weller from media coverage of his shooting and approached him in Wingfield Park to say that she was glad to see him out and about.

She said she identified herself as being a juror in "the big" trial, meaning Higgs, and said they talked for about five minutes as they walked back toward the courthouse discussing the new condos in downtown Reno and other unimportant matters.

"Did he give you information about the case? Did he attempt to influence you in any way?" Chief Deputy District Attorney Tom Barb asked Platshon.

"No," she replied. "When I said I was on the Higgs trial, we immediately changed the conversation."

Their conversation lasted about a minute, he said, and although she might have mentioned not being a good candidate for the Mack jury because she thought he was guilty, they did not discuss either case.