Judge dismisses felony charges against Krolicki

District Judge Valerie Adair this morning dismissed felony charges against Lt. Gov. Brian Krolicki and his former chief of staff, Kathryn Besser.

See the Clark County District Court filing Order Granting Motion to Dismiss.

The state attorney general's office charged that Krolicki, while state treasurer, and Besser misappropriated about $6 million in fees earned by the state's college savings program by not depositing it in state accounts. All the funds were accounted for and Krolicki and Besser have maintained their innocence.

Krolicki said afterwards he welcomed Adair's decision. "This whole thing has been absurd from the very beginning," he said.

In granting the dismissal, Adair said the attorney general's office did not adequately address what specific crime Krolicki and Besser had committed.

"The description of the particular acts giving rise to the offense must be sufficient to enable the defendant to properly defend against the accusations," Adair wrote in her motion.

Adair added that the indictment failed to specify which funds were utilized, which accounts used or which specific transactions were criminal.

The dismissal comes a week before the trial was to begin.

Prosecutors quickly left the courtroom after learning Adair's decision and said they would not immediately comment.

Nevada Lt. Gov. Brian Krolicki says he's "ecstatic" a judge tossed out the case against him. But Krolicki was vague about his future in politics.

"It is welcome news and I'm ecstatic. It is going to make this Christmas very special for my family," he said of the decision by Judge Valerie Adair to throw out a case alleging Krolicki and an aide committed crimes in their handling of money from the Nevada College Savings Program.

But Krolicki said he's not yet ready to talk about his political future.

Krolicki, a former state treasurer, was elected lieutenant governor in 2006 and could run for re-election. He's also been considered a potential Republican candidate for the U.S. Senate seat held by Sen. Harry Reid, D-Nev.

"I'm going to hold off. I think we'll probably do more commenting in the days to come," Krolicki said late this morning. "It is just a time for me to be relieved in the moment."

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.