Where I Stand — Mike O’Callaghan: No more free swings

Thursday, Feb. 17, 2000 | 9:11 a.m.

Mike O'Callaghan is the Las Vegas Sun executive editor.

Well, they finally did it. A few Forest Service whiners blaming District of Nevada U.S. Attorney Kathryn Landreth for their own shortcomings eventually teed off the lady. Some of us closely watching the flap created by the resignation of Humboldt-Toiyabe National Forest Supervisor Gloria Flora knew that Landreth had been doing her job long before Flora had even arrived on the scene.

More than a year ago a Forest Service investigator started complaining about the U.S. attorney's office not doing its job and prosecuting more environmental cases. Landreth quietly pointed to some of the cases her office had prosecuted and only hinted at the possibility that some of the cases given them didn't deserve prosecution. She is known for attempting to work within the justice system and not responding to criticism no matter how unjustified it may seem.

Probably because Landreth didn't unload on her critics she became an easy target for them. At least one Forest Service investigator missed the signals and continued his criticism. Again Landreth and her staff continued their work without publicly responding. This all came to an end last week when the Washington, D.C.-based Public Employees for Environmental Responsibility (PEER) entered the fray with a press release attacking the U.S. attorney.

It didn't take knowledgeable people long to see that PEER had misfired with both inadequate and incorrect information. Even I spotted the complete inaccuracy in the claim that the number of assistant U.S. attorneys for Nevada had grown from 37 in 1992 to 47 in 1998. Actually, only 35 assistants, both civil and criminal, are funded for this district. Also, some prosecutions Nevada news people knew about weren't even listed among the actions taken by Landreth's office.

This time the woman down at 701 E. Bridger Ave. had her fill and evidently had tired of unfair attacks. She answered PEER in a press release pointing out that, "There has not been any lack of cooperation with the Forest Service. All federal land management cases that are provable are vigorously pursued. In 1999 alone, our office brought nearly 700 criminal prosecutions. You do not get to that number by declining meritorious cases."

Landreth went on to make clear that her office isn't inclined to indict and prosecute people because it may make an agency happy or be popular with society. A case we learned about last year was her refusal to prosecute an 80-year-old man with breathing problems for building a "reverse speed bump" on a remote road near his home to keep the dust from speeding vehicles down. That refusal last year still makes sense to me this year. Other refusals for prosecution were also named in the recent press release from the U.S. attorney.

It all gets down to what is right and wrong and the statutes designed to protect the innocent and prosecute the offender. Landreth points out, "Many cases presented by the Forest Service simply lack the quality of investigation that we typically see and expect from our state and federal law enforcement agencies. Basic investigative steps such as witness interviews or record reviews were not accomplished or have been done in an inadequate manner. In past years, federal prosecutors have expressed their frustration by the failure of some Forest Service law enforcement agents to conduct investigative follow-up when requested by the prosecutors to do so in order to ensure cases meet the standards for a federal criminal case."

The U.S. Forest Service and PEER had better get their act and facts together before they make another attack on U.S. Attorney Kathryn Landreth and her office. Some federal conservation agency employees won't soon forget it was her office that acted quickly to prevent them from getting jerked up in front of a rigged Elko County grand jury. The state conservation employees weren't as lucky.

It would be wise for the Forest Service to train its investigators so they will bring properly prepared cases for prosecution. There's an old saying I picked up as an ironworker which is: "You get the first swing at me free but after that you're on your own." PEER and some agency whiners have had several free swings at Landreth, but their luck has run out.