Columnist Jeff German: Judge Gibbons deals blow to Del Papa in Anzalone suit
Tuesday, June 2, 1998 | 10:34 a.m.
IN AN AN ELECTION YEAR, the news out of the courthouse late last week wasn't good for Attorney General Frankie Sue Del Papa.
District Judge Mark Gibbons gave former Del Papa investigator Mike Anzalone the green light to pursue claims he was forced to resign two years ago because he wouldn't participate in a secret intelligence investigation of a top state official.
Del Papa has denied that such a probe ever took place.
But Anzalone charged the focus of the investigation was state Gaming Control Board Chairman Bill Bible, a political rival of Del Papa's.
Worried that he was the victim of an abuse of power, Anzalone began his search for the truth in February.
He filed suit against Del Papa and her office, alleging he lost his job over the investigation. He also contended Del Papa defamed him after he spoke out about the inquiry in the SUN.
Gibbons Friday issued a two-page order denying a request by the attorney general to dismiss the heart of Anzalone's case.
The judge said he wanted to see more evidence before deciding whether to toss out the suit.
Anzalone was ecstatic after getting the news over the weekend.
"I'm glad he's giving us the opportunity to go forward and hopefully get it to trial," Anzalone said Monday.
But Del Papa remained confident the case ultimately will be dismissed.
"The order by Judge Gibbons is not a ruling on the merits of the case and leaves the door open for future motions to dismiss upon further discovery," Del Papa said.
"We stand by our previous statement that the allegations raised are false, and we will continue to respond accordingly."
The decision, however, may make Del Papa uncomfortable as she seeks a third term in office.
Anzalone's suit is likely to become a key issue in her re-election bid.
Her Republican opponent, ex-Las Vegas Assemblyman Scott Scherer, already has met with Anzalone.
Despite Del Papa's denial, Anzalone contends the record is clear that Bible was secretly targeted by the attorney general.
In his suit, Anzalone alleged one of Del Papa's top deputies even asked him to obtain Bible's telephone and bank records, a request Anzalone said he refused.
Bible has indicated he's concerned that the attorney general might have dug into his personal life during their ongoing three-year feud.
He has shied away from commenting on Anzalone's case, but has demanded the attorney general make public any files that might shed light on ex-investigator's claims.
So far, Del Papa has refused to release her files.
But with the help of Judge Gibbons, the search for the truth continues.
The Gaming Control Board Thursday will remind the casino industry of its last mob skimming case here a decade ago.
The board will decide whether to nominate reputed New York mob associate Michael DiBari for the state's Black Book of undesirables banned from the gaming industry.
DiBari was convicted in 1989 of laundering thousands of dollars stolen from the Continental hotel-casino. He served as a slot floorman at the resort at the time.
The scam was said to have been conducted with the knowledge of John Gotti, the now-jailed boss of New York's Gambino crime family.
DiBari received a four-year prison term in 1990, but Gotti never was charged.
Gotti, however, later landed in prison for life following his racketeering conviction in New York.
Authorities have not uncovered a casino skimming case of this nature since 1989.
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