AG takes Elko jury to task

Wednesday, May 14, 1997 | 11:59 a.m.

CARSON CITY -- Attorney General Frankie Sue Del Papa said the Elko County grand jury was close to committing a criminal offense itself when it accused state and federal officials of violating the law.

Del Papa, in a legal opinion addressed to Director Peter Morros of the state Conservation and Natural Resources Department, said employees in the state Wildlife Division had the right to negotiate a fee to be paid by a mining company for disturbing public lands.

Morros oversees the Wildlife Division.

The grand jury in February suggested that four division employees and two workers for the U.S. Forest Service coerced Independence Mining Co. into paying $500,000 to offset the loss of 5,500 acres of prime deer habitat. The mining company wanted to extend its gold operations farther onto the public lands, but the state and federal agencies objected unless the mitigation fee was paid.

Agreed to fee

Negotiations between the government and Independence Mining commenced and the fee was agreed upon with the money to be used to enhance other deer habitat in the area.

The grand jury said these officials were criminally liable for oppression under the color of office but added that the statute of limitation had run out for filing any charges. The grand jury was convened last year after residents complained about alleged abuse of powers of the federal and state government concerning public lands.

Deputy Attorney General C. Wayne Howle, who wrote the opinion that was released Monday, said the "grand jury's actions amount to an attempt to convert its view of desirable public lands policies, which are at odds with state and federal law, into a criminal indictment against state officials."

This was an effort, he said, to override state policy, and only the Legislature can do that.

"By involving 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 for which it wrongly accuses others," Howle said.

Engine of persecution

He quoted from a previous Nevada Supreme Court ruling that said the power to prosecute "cannot be made an engine of persecution."

He said the grand jury exceeded its jurisdiction in alleging crimes against four division employees "whose actions were consistent with law and were performed on behalf of the state."

Morros earlier criticized the grand jury's findings and said two jury members were employees of Independence Mining. The grand jury, he said, wants to assume control over all the planning of the public lands.

Officials of Independence Mining did not have any comment when the grand jury report was made public but later denied they were coerced into paying the $500,000 mitigation fee. They said they voluntarily agreed to the payment.