AG’s motives questioned in timing of tobacco lawsuit

Larry Henry

Monday, June 2, 1997 | 11:59 a.m.

CARSON CITY -- Nevada's late entry in a lawsuit against tobacco companies has raised questions about whether Attorney General Frankie Sue Del Papa, a candidate for governor, jumped in for political gain.

Some think Nevada should have sued earlier, given the state's high cancer rate. As recently as 1990, Nevada led the nation in deaths by smoking.

Del Papa said last week the timing had nothing to do with politics.

"I have always said that when 20 to 25 states were in, it would be easier for Nevada because we wouldn't have to reinvent the wheel," she said.

Del Papa said small states can't afford drawn-out legal battles. Compared with other states, Nevada's attorney general, with 115 employees, has a small staff.

Before Nevada joined, each of the two dozen states in the lawsuit, except Alaska, had a larger population, she said.

"It's a question of resources," Del Papa said. "It takes two full-time staff members to handle complex litigation like this."

Del Papa said the scenario changed after Liggett and other companies recently discussed creating a $300 billion fund to settle legal claims.

"One of the criteria of the Liggett settlement is that you had to join (the suit to receive payments)," she said.

Still, in political circles, Nevada's timing raised questions.

Del Papa, a Democrat, is forming a campaign team for the 1998 governor's race. Likely opponents include Las Vegas businessman Kenny Guinn, Secretary of State Dean Heller and political novice Aaron Russo, a Hollywood producer who recently moved to Nevada to run for governor. All three are Republicans.

"She's trying to seize upon an opportunity to elevate her standing and to gloss over her neglect," said an opposing strategist.

Del Papa said she has not been negligent. She said her office began cracking down on tobacco violations long before she filed the lawsuit.

She noted that her office since September 1995 has been in charge of a program to stop children from buying cigarettes. Illegal tobacco sales have dropped 63 percent to about 20 percent since the program began, she said.

"Our efforts have been in the forefront nationally in trying to prohibit the sale of tobacco to minors," she said.

Another question is whether Nevada might receive less health care money because Del Papa sued after other states had filed. Nevada hopes to retrieve at least $20 million.

Yvonne Sylva, administrator of the state Health Division, said a judge will decide the settlement amount.

"I can't tell you whether we'll get less," she said. "That'll be up to the courts to decide."

Some detractors also privately wonder if the state's tobacco lobbyists helped delay a lawsuit.

Harvey Whittemore, lobbyist for R.J. Reynolds, said he discussed the suit with Del Papa before she filed, but he said they never talked about political implications. Whittemore also represents the Nevada Resort Association, the casino industry's lobbying arm.

"I want to make it very, very clear," Whittemore said. "At no time was the issue of future support mentioned."

He said anyone who makes a suggestion like that "must be taking stupid pills."