Trial venue debated in Krolicki case
Attorneys for Lt. Gov. Brian Krolicki asked a Clark County District Court judge Monday to dismiss misappropriation charges against their client, claiming the charges are being pursued in the wrong venue.
Krolicki's attorney Margaret Stanish argued that evidence presented by the state attorney general's office to a grand jury showed the acts in question occurred in Northern Nevada and were not directly linked to any act in Clark County.
"There has to be a reasonable relationship between the offense and the venue," she said.
Authorities accuse Krolicki and his chief of staff, Kathy Besser, of misappropriating about $6 million in fees earned by the state's college savings program by not depositing it in state accounts. Krolicki was indicted on two counts of misappropriation and falsification of accounts by a public officer and two counts of misappropriation by a treasurer. Besser faces two counts of being a principal to misappropriation and falsification of accounts and being a principal to misappropriation by a treasurer.
The argument over venue centered on Nevada law that states if an offense takes place in two or more counties, the trial could be held in either county.
Chief Deputy Attorney General Conrad Hafen maintains that Clark County is an appropriate venue since the majority of the money paid into the state's college savings program came from Clark County residents. The funds at issue in the case also paid for advertising in Southern Nevada.
Judge Elissa Cadish said she will rule on the motion for dismissal in a few days.
The state Board of Examiners on Aug. 11 is expected to move forward with the contract to hire a special prosecutor to handle the case.
Cadish had previously disqualified the attorney general's office from the case because it had previously advised Krolicki on the college savings program.
The attorney general's office has filed a request with the Nevada Supreme Court to overturn Cadish's ruling. That hearing is scheduled for Aug. 31.
Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-387-2904.
