Defense moves to dismiss | NevadaAppeal.com

Defense moves to dismiss

Appeal Capitol Bureau

Nevada Controller Kathy Augustine’s defense team has moved to dismiss the articles of impeachment against her.

The motion by Dominic Gentile came at the conclusion of the prosecution case accusing Augustine of using her office, facilities and staff for her re-election campaign in 2002.

Sen. Mark Amodei, R-Carson City, chairman of the Committee of the Whole, said the two sides would return at 5:15 p.m. to argue the motion. Each side will have 20 minutes to make its case after which the Senate will decide what to do.

In response to a question from Sen. Bob Coffin, D-Las Vegas, Amodei confirmed that the Senate would not be limited to simply voting for or against the motion but could modify it if they choose.

It would require a two-thirds vote of the Senate to convict Augustine and remove her from office. But it only takes a simple majority of the 21 Senators to dismiss the articles of impeachment.

The impeachment trial began Wednesday.