Attorney for UNLV student asks judge for documents

Thursday, Aug. 31, 2000 | 11:20 a.m.

The attorney for a 19-year-old UNLV student who was arrested in a high-profile school police raid that netted just a handful of drugs asked a judge today for key investigation papers that the school has staunchly refused to make public.

Attorney John Moran Jr., representing Graig Adler at his arraignment this morning, told Justice of the Peace James Bixler that the voluminous report by the Nevada Division of Investigation critical of the March 9 police action was missing from the limited discovery he received with the two-felony complaint.

Bixler, who waived Adler's appearance in court today, told Moran to file briefs on that matter before the Nov. 21 preliminary hearing he set in Justice Court.

Moran said he not only would file those briefs but also would file a motion to suppress the search warrant used in the raid and seek an evidentiary hearing before the preliminary hearing to, "perhaps get at the heart of the matter."

Moran said outside today's hearing that he would seek to have either President Carol Harter or UNLV Police Chief Jose Elique compelled to testify.

"It is simply amazing that a report paid for by taxpayer money is not only being secreted from the press and the public but also from the defendant," Moran said outside the courtroom. "It chills Graig's ability to prepare his defense and also provide reasonable assistance to his counsel."

During the hearing, Deputy District Attorney Kris Nelsen told Bixler: "I can't give what I don't have." Outside the hearing, Moran said: "Apparently UNLV has secreted the document from the DA too."

Attempts to reach a supervisor in the district attorney's office today for comment were not successful.

If the district attorney's office does have a copy of the report, Moran said he is entitled to it under the open file policy. If the district attorney's office does not have the report it would raise questions as to how felony charges were leveled without what appears to be the most important investigative document.

Adler was charged with felony possession of marijuana and Ecstasy as a result of the raid where UNLV Police dressed up in combat fatigues and stormed the dormitory based on information from a confidential informant, but netted only a small amount of marijuana and four Ecstasy tablets.

The court action comes on the heels of Elique saying earlier this week that he is doling out unspecified discipline to a number of officers who were involved in the controversial raid that has become an embarrassment to the school. He declined to release the names of the officers to be punished.

During the raid, UNLV Police allegedly forced a university housing official to accompany them and unlock the dormitory door. After the incident, the housing official claimed he was roughed up by the officers, sparking the state investigation that took five months to complete.