Closed door hearing could lead to dismissal of indictment

Bill Gang

Wednesday, May 20, 1998 | 11:21 a.m.

A highly unusual closed door hearing was held today in District Judge Donald Mosley's courtroom on a series of motions that could result in the dismissal of a sealed indictment.

The indictment names four men. If the motions are granted, the case against one or more of the men, one of whom sources identified as a prominent businessman, would be buried without public scrutiny.

Mosley, in fact, prohibited the media from even asking questions in his courtroom before court about the case.

Although no one has been talking, the court calendar indicates that part of the challenge is over the legality of wiretap evidence and purported violations of grand jury secrecy laws.

The indictment was returned last month by a Clark County grand jury and sealed on the request of defense attorney Richard Wright by Acting Chief District Judge Michael Douglas.

Deputy Attorney General David Thompson, who had presented the case on undisclosed charges to the grand jury and who did not strongly oppose the sealing of the indictment, took part in today's closed door hearing.

While Nevada law gives district judges some discretion in maintaining secrecy around grand jury proceedings and in sealing indictments, a Nevada Supreme Court decision defines when and why cases can be kept under wraps.

The Supreme Court listed five standards for secrecy, three of which don't apply to cases once a grand jury has made a decision. The fourth allows sealing of a case to protect the identity of a person who had been a grand jury target but whose case did not result in an indictment.

The last permits indictments to be sealed when the person indicted has not been arrested and the disclosure could result in his flight to avoid prosecution.

Otherwise, cases become public under Nevada law when the indictment is announced in court and bail is set.

In the current case, the issue of bail was not addressed by Douglas at the time the indictment was returned -- as is routinely done -- and that left the door open for the case to remain sealed indefinitely.

Because the case has been sealed, no one is talking about the charges or the process.

Wright sidestepped all questions about the case and refused even to acknowledge he is involved.

Mosley refused media requests for access to today's hearing.