Monday, April 27, 1998 | 9:47 a.m.
CARSON CITY -- A federal judge in Las Vegas has overturned a $330,000 jury verdict in favor of a state wildlife warden who claimed he was the victim of retaliation by his co-workers.
U.S. District Judge Philip Pro said newly discovered evidence of a tape recording required a new trial in the lawsuit filed by Barton Tanner against two fellow employees of the state Division of Wildlife.
The judge called the tape recording "significant new evidence" that would help the jury in assessing the credibility of those who witnessed a meeting between three wardens in January 1993.
Tanner, who managed the Key Pittman Wildlife area near Hiko in Lincoln County, had a misdemeanor charge filed against him by head game warden Frank Chaves and warden Dennis Roden who said Tanner trapped a gray fox before the trapping season started.
The January meeting between the three men at Tanner's home was tape recorded by Chaves and Roden who said they lost the tape. After the state lost the lawsuit, it asked for a new trial citing the discovery of the tape recording in a state office.
There are apparently conflicting statements between what is on the tape recording and evidence presented at the trial.
Judge Pro said the circumstances surrounding the tape recording's discovery were "troubling" but fairness requires a new trial so a jury may hear the full evidence.
Pro's decision was filed April 20 in Las Vegas.
"That's the best news I've heard in a long time," said Peter Morros, director of the state Department of Conservation and Natural Resources.
Morros, state Wildlife Director Willie Molini and the two wardens had refused to settle the case for $9,750 before the trial in February this year. Of the total $330,000 judgment, the state would have paid $250,000 and Roden and Chaves would have had to pick up the $80,000.
Deputy Attorney General Wayne Howle, who represented the two game wardens, and Las Vegas lawyer Richard Segerblom, who represented Tanner, could not be reached for comment on the Pro decision.
The new trial is set for Aug. 31.
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