Del Papa buys time

Tuesday, Oct. 5, 1999 | 11:37 a.m.

Attorney General Frankie Sue Del Papa bought more time Monday to explain to District Judge James Mahan why he shouldn't release documents that show her office conducted a secret intelligence investigation of Nevada's top gaming regulators.

Mahan had planned to hear arguments on Monday, but he pushed the hearing back to Nov. 3 to give Del Papa's deputies a chance to explain in more detail their objections to the release of the documents.

Thomas Biggar, a District Court discovery commissioner responsible for overseeing evidence in civil cases, has recommended that Mahan turn over some 900 pages of documents to a former investigator suing Del Papa for forcing him to resign in 1996 because he wouldn't participate in the secret probe.

Biggar has reported that he saw documents in the attorney general's file that show intelligence was gathered on former Gaming Control Board Chairman Bill Bible, his friend, politically connected gaming lawyer, Frank Schreck, and employees who worked for Bible. At the time, Bible was locked in a heated rift with Del Papa.

The discovery commissioner has suggested the documents may show an abuse of power on the part of the attorney general's office.

Though sidestepping the issue of the documents, Mahan on Monday refused to bounce Christine Manno, the Phoenix lawyer for investigator Mike Anzalone, from the case.

Manno, who took the case after Anzalone had trouble finding a Las Vegas lawyer to challenge the attorney general, has been leading the charge in court to uncover the reported intelligence activities.

Solicitor General Mark Ghan, who works for Del Papa, contended Monday that Manno had improper contact with a former legal secretary in the office who claims to have knowledge of misconduct by the attorney general's office.

But Manno defended her actions and said her removal from the case would be a "traumatic setback" in Anzalone's efforts to clear his name.

Mahan sided with Manno, saying the lawyer acted above board in her brief dealings with the legal secretary, whom he described as a whistleblower.

The whistleblower, who did not want her identity made public out of fear of retaliation from the attorney general, telephoned Manno in August, and Manno promptly informed Biggar. A closed hearing later was held before the discovery commissioner to listen to the whistleblower's allegations.

Ghan described the legal secretary as an employee who was fired by the office at the end of her year-long probationary period. She worked directly for Deputy Attorney General Bridget Branigan, who is helping Ghan defend the Anzalone lawsuit.

Biggar has recommended $3,500 in sanctions against the attorney general's office for stonewalling Anzalone's requests for documents. Anzalone filed suit in February 1998, but has yet to see any documents that may have led to his forced departure from the office.

Mahan did not take up the sanctions on Monday.

Del Papa, who withdrew from the 2000 U.S. Senate race last month, has denied conducting an intelligence investigation. But her deputies have acknowledged that intelligence was gathered on regulators.

Documents viewed by Biggar under seal also show that Anzalone himself became an intelligence target.

Biggar said the intelligence was collected under the guise of the criminal investigation into the slot cheating activities of ex-Control Board electronics expert Ron Harris.

Among the items Biggar has ordered turned over to Anzalone are eight hours of videotapes Harris made with Deputy Attorney General David Thompson after the former board employee had pleaded guilty and agreed to cooperate with investigators.

Thompson asked Harris questions about regulators on the tapes, portions of which were leaked to the national media to embarrass Bible and the gaming industry.