DA challenges Nozolino's claim he can't afford lawyer

Prosecutors are challenging Colorado Springs anti-tax activist Bruce Nozolino's request for a public defender to represent him against murder and attempted-murder charges.

In his first court appearance on Wednesday, Nozolino was represented by Deputy Public Defender Rose Roy. She said the income listed on his application is low enough for him to qualify.

But Chief Deputy District Attorney Diana May countered that prosecutors know of additional income and “significant” assets not listed on the application.

“Defendant Nozolino is clearly not indigent,” May wrote, asking that the public defender’s appointment be rescinded.

Judge William Sylvester, an outside judge who has been assigned to Nozolino’s case, set an Aug. 12 hearing on the issue.

Sylvester, chief judge of the 18^th Judicial District in Arapahoe County, is presiding over the case because one of Nozolino’s alleged victims is 4^th Judicial District Judge Gilbert Martinez.

Nozolino, 49, is accused in the Nov. 30, 2008, murder of Richard Schreiner, who was shot to death while shoveling snow in front of his Stetson Hills home. Prosecutors said Schreiner had an affair with the defendant’s former wife.

Nozolino also is accused of trying to kill his ex-wife’s divorce lawyer, John Ciccolella, and Martinez, who presided over the divorce.

 Nozolino requested a public defender more than a month before a grand jury indicted him on 31 counts, including first-degree murder.

A judge denied his first application for a public defender on June 9, while the grand jury was conducting its investigation.

In that application, Nozolino listed monthly income of $1,800 in unemployment benefits plus $1,100 in other income. Among the assets he listed was a condo worth $125,000, stocks and bonds worth $10,000 and vehicles worth $7,500. It stated he owed $150,000 on credit and other loans.

Nozolino applied again on July 16 after he was arrested and ordered held without bond. That document, filled out with help from a public defender, stated his unemployment had run out after being out of work 1½ years. He formerly had worked for Lockheed as an engineer. It also stated he owed $120,000 on a condo valued at $140,000 and that he is paying child support of $200 per month.

During a brief hearing, Sylvester advised Nozolino to give some thought as to who would represent him if he is not eligible for a public defender.

For more court coverage, visit “The Sidebar” blog at gazette.com