Student’s lawyer wants UNLV documents

Tuesday, Aug. 15, 2000 | 11:12 a.m.

Las Vegas attorney John Moran Jr., representing a 19-year-old UNLV student charged with felony drug offenses stemming from a dormitory raid by campus police, has demanded documents that are critical of the police action.

In a letter sent Friday to UNLV President Carol Harter, Moran said the documents, which UNLV has steadfastly refused to release to the public, "set forth the outrageous and extreme conduct and actions of the University Police Department personnel and others at the time of the incident."

"I'm concerned with the manner in which the search was conducted, I'm concerned with the types of force that were used and I'm concerned that it was totally excessive," Moran said today, noting that UNLV has not responded and that no court date has been set for his client, Graig Adler.

Last week, Adler was charged with with two felonies -- possession of marijuana and possession of Ecstasy. Police recovered four Ecstasy tablets, a small amount of marijuana and paraphernalia, specifically bongs and pipes.

"These reports and the accompanying documents are necessary and essential to the defense of my client," Moran says in his letter to Harter. "I do not expect the university to hide and secret their report from the public, as well as the defense counsel for Mr. Adler."

Karl Armstrong, assistant general counsel for UNLV, said he has not yet received Moran's letter, but said he will not provide the materials in question "without a court order.

"We are dealing with personnel (police employees) documents so a subpoena is not enough -- we would ask a judge that it be quashed," Armstrong said. "These personnel matters are statutorily privileged."

Armstrong said it is standard practice for a defense attorney to "first attack the officers' " conduct and then attack the warrant. What Mr. Moran will have trouble getting around is that drugs were recovered from the scene."

Among the documents is a voluminous report by the Nevada Division of Investigations, from which UNLV has released only selected details. Moran said the whole report should be made public.

"I believe the citizens of our community as well as defense counsel are entitled to such reports, particularly when public funds have been utilized for the investigation and the subsequent reports reveal inappropriate conduct and action of university employees, which violated the constitutional rights of my client," Moran said.

The report found that baggies recovered during the March 9 raid on Boyd Hall contained a fragrant talcum powder, not opium as had been reported by police officials.

"Mr. Adler did not possess 18 bags of opium as repeatedly reported by UNLV employees and the media," Moran says in his letter to Harter. "The actions of various employees of UNLV have violated Mr. Adler's Fourth Amendment rights against unreasonable searches and seizures.

"And the tactics employed by such individuals will now have to be closely examined in the untimely criminal proceedings that the university has caused to be brought against my client."

Three of the officers in the raid are awaiting disciplinary action from new UNLV Police Chief Jose Elique in the wake of the state report, which also recommended that potential punishment not include termination.

UNLV has declined to release the names of the officers.