Judge’s ruling reverses fine against Del Papa

Greg Tuttle

Wednesday, Sept. 27, 2000 | 11:12 a.m.

Nevada Attorney General Frankie Sue Del Papa will not have to pay a $500 fine imposed last month for walking out of a videotaped deposition.

The deposition was related to the two-year legal battle between her office and a former employee who claims he was forced to resign after refusing to investigate the retired chairman of the state Gaming Control Board.

Clark County District Judge James Mahan said Tuesday there was no legal agreement between attorneys for Del Papa and Mike Anzalone that would allow for a videotaped deposition of the state's highest elected law enforcement official.

Mahan's ruling reversed an order issued last month by Discovery Commissioner Thomas Biggar who recommended the fine against against Del Papa.

Attorneys for Del Papa said after the hearing the issue boiled down to a procedural error by an out-of-state attorney. But they also argued during the hearing that Del Papa should not be forced to give a videotaped statement because she is an elected official.

The videotape could be used by Del Papa's enemies or the media to attack the attorney general in the future, said Eugene Wait Jr., who is representing Del Papa in the case.

"It's like saying your deposition is going to be taken in the electric chair," Wait said.

Phoenix attorney Christine Manno, who is representing Anzalone, said even the U.S. President and Attorney General have been required to give videotaped depositions in recent years. She vowed to file a motion seeking a court order forcing Del Papa to give her statement on videotape.

"This is just another delay in this case that I'm sorry to see," Manno said after the hearing.

Anzalone, a former investigator in Del Papa's office, filed a lawsuit two years ago claiming he was forced to resign when he refused to participate in an investigation of Bill Bible, the retired chairman of the state Gaming Control Board.

The lawsuit accuses attorney general investigators J.T. Healy and Ron Wheatley of defamation and slander. It also accuses Deputy Attorney General Donald Haight of wrongful termination and deprivation of rights.

The lawsuit has dragged on for two years as both sides posture over pretrial issues. Mahan's ruling will likely mean more courtroom battles between opposing attorneys who had few kind words for each other following the hearing Tuesday.

Manno called Mahan's ruling a "declaration of war" as she left the courtroom Tuesday.

Deputy Attorney General David Wasick, who represents the state in the case, said after the hearing that Manno needs to follow the court rules of Nevada, which require a formal agreement, called a stipulation, or a court order before a deposition can be videotaped.

"She's from out of state," he said.