Witnesses line up to support legislator

Bill Gang

Monday, March 2, 1998 | 9:58 a.m.

A string of Nevada legislators and other political figures -- including U.S. Sen. Harry Reid -- are on the list to be called as witnesses in the child neglect case beginning today against Assemblywoman Genie Ohrenschall.

But Juvenile Court Judge Gerald Hardcastle said it is doubtful that most of the nearly 200 people on the list will ever take the witness stand in the Family Court hearing over Ohrenschall's future with her 16-year-old daughter, Katie Ross.

The girl has been under court supervision since being taken to a hospital last month for emergency colon surgery after her weight dropped to less than 50 pounds and her colon spontaneously perforated.

Ohrenschall, although she had taken her daughter to doctors, was treating Ross with alternative remedies -- including Chinese herbs -- rather than submitting to the surgery that physicians had recommended.

The girl was said to have been just hours from death had she not undergone surgery for the removal of her colon. The procedure will require the teenager to wear a colostomy bag for the rest of her life.

The civil charge alleges that Ohrenschall jeopardized her daughter by embracing the alternative treatment for ulcerative colitis and justifies monitoring of her parenting by the county's Child Protective Services division.

Ohrehschall, a two-term Las Vegas Democrat, and attorney Edward Marshall have defended her actions as those of a loving mother who took her daughter to a hospital when it became necessary.

The doctor who performed the surgery is scheduled to be the first witness today in the hearing that will be attended only by court staff, Ohrenschall and her lawyer and three members of the media.

A secondary charge of educational abuse alleges Ross was kept from public school for two years and not home schooled.

Hardcastle said Friday that although neglect and abuse hearings are usually closed to anyone but the parties involved, "I believe the public has a right to know" the outcome of what already has been a very public case.

At the same time, the judge said he is limiting access because "I don't think there is a legitimate interest in letting the public in just to fill up the chairs.

"I'm being very cautious about opening the hearing. But if I open it to everyone, the courtroom couldn't accommodate them."

Hardcastle said the limited media presence will provide the "least intrusive" public access "without abandoning the philosophy that it is a closed proceeding."

Ohrenschall has been accompanied by a small entourage to prior court hearings and a demonstration supporting her was held Friday afternoon in front of the Family Court building. That show of support, which included Assemblyman Bob Price, D-Las Vegas, ended after about 45 minutes. The SUN, and apparently other media outlets, had not been notified it was occurring and there was no coverage of the event.

While it has been indicated that the names on Ohrenschall's witness list include most state senators and assemblymen in addition to other prominent Nevadans, Hardcastle said he told attorneys that he wasn't going to listen to witness after witness give the same testimony about her character.

Hardcastle said he cautioned the lawyers that if Ohrenschall brings in character witnesses to testify on her behalf, it opens the door for Deputy District Attorney Doug Herndon to bring in character witnesses against her.

Although there are nearly 200 names on the combined witness lists, there is no requirement they all be called to testify. The lists routinely name more witnesses than are called because court rules prohibit putting someone on the witness stand whose name has not been revealed to the opposition.

The case already has political overtones because of the potential damage to Ohrenschall's legislative career. Marshall, however, said in an early interview that "I think she'll be a hero to the entire community."

Marshall said Ohrenschall has been committed to finding the best treatment for her daughter since Ross first experienced colon problems in July 1995.

"The heart and soul of my life has been to get my daughter healthy," Ohrenschall said after an earlier court hearing over contact with her daughter while the case works its way through the court system.

Child Protective Services is seeking to have Ohrenschall's relationship with her daughter monitored for a year.

Ross currently is living with Dr. Fuller Royal, a Las Vegas homeopath who had been one of her alternative medicine specialists before surgery became necessary. She already has put on more than 20 pounds since surgery corrected the problem with her digestive tract.

Ohrenschall is allowed to have only supervised contact with her daughter.

Ross lived in Carson City with Ohrenschall during the 1997 Legislature and was frequently seen in committee rooms with her mother. Ross underwent twice-weekly homeopathic treatments in Carson City.

The teenager's father, Jack Ross, a former pawn-shop operator, attended one court hearing but didn't indicate that he wanted even temporary custody, Marshall said.

Katie Ross entered Sunrise Hospital and Medical Center on Dec. 27 to remove her colon, which had perforated during the holiday season.

Police officials, tipped off by a worried doctor, had threatened Ohrenschall with criminal charges if she refused to send her daughter to the hospital for emergency surgery, Marshall alleged.

Marshall has alleged that police overstepped their authority in making that reported threat and in going to the district attorney seeking charges.

"This has been an abuse of power by the police," he said. "This case represents an extreme intrusion by the government."

Marshall has alleged that members of Metro's abuse and neglect detail and other officers were "oppressive" in threatening Ohrenschall and accused them of being "femi-Nazi police officers who want to play both judge and God."

"This is clearly a case of alternative medicine vs. acceptable medicine," said Marshall, adding that he was not convinced surgery was necessary.

Marshall said he owned a health-food store for seven years and learned to understand the benefits of alternative treatment.

SUN reporters Larry Henry and Art Nadler contributed to this report.