Official urges records’ release, sanctions against Del Papa

Tuesday, Sept. 14, 1999 | 11:02 a.m.

An independent review of a lawsuit accusing Attorney General Frankie Sue Del Papa of misusing her office to investigate political enemies has recommended sanctions against her office.

Discovery Commissioner Thomas Biggar also recommended that thousands of pages of internal documents from Del Papa's office be disclosed to Michael Anzalone, her former investigator, for use in his wrongful termination lawsuit.

"If relevant documents ... cannot see the light of day, then the investigatory power of government shall be confirmed as secret and therefore unchecked," Biggar wrote. "Worse, bureaucratic actions taken by public officials may remain unexamined."

Biggar, whose job is to review what documents should be shared between attorneys in litigation, also said the attorney general's office should be sanctioned at least $3,500 for filing frivolous objections in the 19-month-old lawsuit.

Anzalone contends he was forced to quit in February 1996 after he refused to investigate Bill Bible, then the Gaming Control Board chairman.

Anzalone said that after he refused to obtain the telephone and bank records of Bible and other board members because he didn't think Del Papa had jurisdiction, he was given the choice to quit or be fired. He quit.

Del Papa repeatedly has denied she abused her power or investigated Bible, although she concedes she has a narrow definition of "investigation." She also said there were legitimate reasons for asking Anzalone to leave, that he had removed documents from a file and failed to turn over evidence.

Chief Deputy Attorney General Richard Linstrom said Biggar's 35-page report is "fraught with errors" and will be appealed to District Judge Jim Mahan.

The genesis of the case reaches back to 1995, when Bible first complained during the Legislative session about the poor quality of the legal representation he was receiving from Del Papa's gaming deputies. The complaint marked the start of a feud that reached the point where then-Gov. Bob Miller called them both in and told them to work with each other.