Higgs’ request for trial postponement denied

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RENO — A judge denied a request by Chaz Higgs to postpone his June 18 trial on charges that he killed his wife, former Nevada Controller Kathy Augustine.

In arguing for a new trial date, Higgs’ attorneys maintained the FBI lab has refused to provide its complete report that concluded Augustine had been drugged in July.

But Washoe County District Judge Steven Kosach on Friday sided with prosecutors, who said the initial report was turned over to defense lawyers in December and they should not have waited until now to decide that they needed more information.

"I don’t want this to get out of hand," Kosach said. "I do not believe the interest of justice will be furthered by a continuance."

Higgs, 42, a former emergency room nurse, is charged with killing Augustine by injecting her with the paralytic drug succinylcholine. He has pleaded not guilty.

Higgs’ lawyer, David Houston, told the judge that a defense expert needed more information from the FBI toxicology lab before he could conclude whether the drug was found in Augustine’s urine.

Houston said the case hinges on science, so it is crucial to have as much material as possible to ensure accurate results.

Afterward, he told the Reno Gazette-Journal that defense attorneys would do their best to be ready. He said Chief Deputy District Attorney Tom Barb told him that the FBI lab had sent the material and that it should arrive within days.

Doctors initially believed Augustine suffered a massive heart attack before she was taken to the hospital July 8. She lapsed into a coma and died three days later.

Acting on a tip, doctors took samples from Augustine before her death that were tested later by the FBI lab.

Augustine’s brother, Phil Alfano, said he was pleased with the ruling. "It’s time for this to move forward," he said.