Trial begins in Wynn’s suit against publisher

Bill Gang

Tuesday, July 29, 1997 | 9 a.m.

Mirage Resorts Chairman Steve Wynn provided a powerful presence as he sat in court for the opening statements in the trial over his defamation lawsuit against the publisher of an unauthorized biography.

Whether Wynn's stature in Las Vegas plays a role in the jury's decision won't be known until the trial ends in about three weeks.

The question for the jurors is whether a 1994-95 catalogue page advertising the book "Running Scared: The Dangerous Life and Treacherous Times of Las Vegas Casino King Steve Wynn" carries legally libelous language.

The book was written by Review-Journal columnist John L. Smith, although he is not part of this lawsuit because the advertisement was written by Barricade Books owner Lyle Stuart.

In contrast to Wynn, the 75-year-old Stuart hobbled on crutches and sat inauspiciously in shirt sleeves next to his lawyers.

Because Wynn is a public figure, it won't be enough just to prove that the information in the ad is false. His attorney, Barry Langberg, said he also must prove that Stuart wrote or published it with malice and either knew it was false or acted with reckless disregard for the truth.

Stuart's attorney, Dominic Gentile, said in his opening statement Monday that it also must be shown that Wynn was somehow damaged by the ad -- other than having his feelings hurt.

"Everything published isn't always flattering," Gentile said in District Judge Sally Loehrer's courtroom.

Part of the ad promised that the book would "detail why a confidential Scotland Yard report calls Wynn a front man for the Genovese crime family."

Another portion suggested a connection between Wynn and the late Chicago mob lieutenant John Roselli.

Gentile noted that if there were any truly negative impact from the statements, the nation's governors and President Clinton wouldn't have been at the National Governors' Association conference this week at Wynn's Mirage.

Langberg said that although Wynn is "almost an institution, rather than a human being, he has feelings that can be hurt and he has been hurt."

He said that witnesses attesting to Wynn's good character would be Gov. Bob Miller, Las Vegas Mayor Jan Laverty Jones and former Nevada Gaming Commission chairman John O'Reilly.

Gentile said there were elements of truth in the ad's statements and charged that Wynn was vindictively using the court system to intimidate those who would stand up to him.

"Anyone can sue anyone for anything in this country -- the question is whether he will succeed," he said. "Sometimes, someone succeeds by merely bringing the suit."

Langberg told the jury that the lawsuit could have been avoided if Stuart simply had picked up a telephone and called to check the truthfulness of what he was writing.

But he said that Stuart used what the publisher called "poetic license" to expound on the information he had.

"Stuart did nothing to verify very serious charges," he said.