Judge: Del Papa required to allow deposition on tape

Kim Smith

Tuesday, Dec. 12, 2000 | 10:55 a.m.

Nevada Attorney General Frankie Sue Del Papa will be required to submit to a videotaped deposition, but only those involved in the lawsuit against her will have access to the tape.

District Judge James Mahan said Monday that although he hates videotaped depositions because the process tends to be intrusive and unnecessary, he said he believes it is important the court "speaks with one voice."

Mahan noted that Discovery Commissioner Thomas Biggar has already stated he believes Del Papa should be videotaped while giving her deposition in the Michael Anzalone case.

Anzalone, a former investigator with the Nevada attorney general's office, filed a wrongful dismissal lawsuit against Del Papa and others in her office two years ago. He alleges he was forced to resign after refusing to investigate former state Gaming Control Board Chairman Bill Bible. Del Papa is being sued as an individual and in her official capacity.

Before Mahan issued his ruling, Del Papa's private attorney, Eugene J. Wait Jr., said that 20 people have given depositions in the case thus far and no evidence of wrongdoing has been found.

The deposition of Del Papa "is one more fishing expedition," Wait said.

In an affidavit submitted to Mahan, Del Papa wrote she has volunteered to appear before TV cameras frequently as an elected official. However, to record her deposition "is an unjustified, personally offensive attempt to invade my personal privacy as a citizen of this state."

"I respect the judicial process of civil dispute resolution and am willing to give my sworn deposition testimony in this case, to be stenographically recorded," Del Papa wrote. "I am not willing to sacrifice my privacy as an individual for the whim of an attorney who has chosen to designate me, as an individual, as a defendant, based on my conduct as a publicly elected and employed officer of the state of Nevada."

Mahan said he would order the videotape sealed to prevent excerpts to be edited or taken out of context.

Del Papa's deposition is expected to take place Jan. 3 and 4. The last time the deposition was scheduled, Del Papa walked out when she and her attorneys realized it was going to be videotaped.

Biggar fined Del Papa's office $500, but Mahan overturned the fine, saying there had been no legal agreement between the parties about the videotaping.

In related matters, Anzalone's attorney, Christine Manno, asked Mahan to halt a videotaped deposition of her client until a hearing can be held on the matter.

Manno said she was forced to file motions in order to get Del Papa's deposition videotaped, and the opposing side should have to as well. Moreover, Anzalone has already sat through three days of questioning without a videographer.

Mahan told Manno to take the issue up with Biggar.

The next hearing in the Anzalone case is scheduled for February. Mahan will decide then if portions of the lawsuit should be dismissed.