Where I Stand: Discussing the good, bad and indifference of Nevada

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

THE GRAND JURY'S ACTIONS amount to an attempt to convert its view of desirable public land policies, which are at odds with state and federal law, into a criminal indictment against state officials. Its actions are thus an attempt to change or override state policy. Only the Legislature may enact such change. By invoking the criminal justice system for such improper purpose, the grand jury risks not only infringement on the powers of the legislative and executive branches of state government, it furthermore verges on committing the very crime of which it wrongly accuses others. 'The power of the state to prosecute cannot be made an engine of persecution.'"

This was the conclusion of the Nevada attorney general after investigating the latest of several stupid actions the Elko County Grand Jury has visited upon the good people of that area and the entire Silver State. About the only stupid thing left for that outfit to do now is to indict Deputy Attorney General C. Wayne Howle for his good research and proper conclusions.

The grand jury was brought into being because a small group of anti-government people wanted to embarrass and harass state and federal officials protecting the water and natural environment of public lands. By reading what they wanted to believe into the state and federal laws, they set out to do a number on those public servants with whom they disagreed.

As I pointed out in March, the most recent farce promoted by the Elko County Grand Jury was the "presentment" which declared that some state officials and Forest Service people had committed crimes when insisting that a mining operation pay $500,000 to begin mining on 5,500 acres of public land that contains prime winter habitat for mule deer. The money is being used to rehabilitate nearby land scarred by range fires.

Why was it a "presentment" and not an indictment, if truly the agreement for payment had been extracted unlawfully from the mining company by the public officers "under color of official authority"? The jurors backed off that limb when declaring: "The grand jury has found indictable criminal activity in this investigation and would recommend prosecution but for the fact that the statute of limitations on gross misdemeanors has passed."

The office of Attorney General Frankie Sue Del Papa concluded: "State wildlife agency is authorized by law to participate with federal land management agencies to determine extent of mitigation required for permitted activities which affect habitat on public land; wildlife agency properly obtained legislative approval for acceptance and use of mitigation funds from mining company for development of off-site habitat mitigation; no basis exists to support grand jury determination that officials committed crime of oppression."

Every statute and past action was discussed in the AG's 14-page opinion. If the legal advisers and the Elko District Court judge had done even one small piece of equal research, this entire foolish presentment would have been avoided.

The attorney general points out that the grand jury, not the state or federal officials, came close to committing the "very crime" it wrongly accused them of committing. Shame, shame on them.

Don't the citizens of Elko County have a gut full of this near-criminal activity for which they are paying? Yes, they are paying lawyers, judges and a grand jury to make fools of themselves and, in the end, embarrass the taxpayers picking up their expenses.

The people of Elko County deserve better than this, and so do the state of Nevada and the United States.

It's always pleasant to end a column with a positive view of life in Nevada. Las Vegas artist and military veteran Frank Perna spends his own funds and long hours helping homeless veterans. Sometimes he irritates people because he isn't hesitant to speak up about issues he considers vital for the welfare of the homeless. Soon he plans for the sale of his artistic works to further the cause of the homeless. His "Fallen Angel" reflects the deep feeling he has for those who need his help. More on this will appear later in the SUN.