Supreme Court rejects appeal over lawsuit against Metro

Wednesday, Nov. 14, 2001 | 9:21 a.m.

CARSON CITY -- The Nevada Supreme Court on Tuesday rejected the appeal of Terry L. Cook, who claimed his reputation was damaged because of the failure of Sheriff Jerry Keller and Metro Police to enforce a confidential settlement agreement.

The court also turned down appeals in two other cases that suggested the police department and Clark County District Attorney Stewart Bell were guilty of misconduct.

In the Cook case, the court affirmed the decision of District Judge Gene Porter, who dismissed the suit in Las Vegas brought by Cook, a criminalist for the police department.

Cook says he was a whistleblower in 1993 when he informed superiors that Carla Noziglia, director of the crime lab, mishandled evidence in murder cases. A settlement was reached allowing Noziglia to resign and that the document be kept confidential.

But when Noziglia was hired in 1995 by the Tulsa, Okla., police department, a newspaper reported that she had been accused in Las Vegas of mishandling the evidence.

Cook said Noziglia made false statements blaming him for Metro's problems. He sued Metro, alleging it should have enforced the confidentiality of the agreement and should have defended him from the alleged unfounded statements of Noziglia.

The Supreme Court, in its unanimous decision, said Metro never promised to protect Cook from defamatory statements made by Noziglia.

In another decision, the court ruled that Metro officers did nothing wrong when they entered a Las Vegas home and exchanged gunfire with a man who eventually was sentenced from four to 20 years in prison.

Austin Sands complained that police entered his home without a warrant. The police, including Officers William Rader and Thomas Stoll, accompanied Ellen Sands to the home she shared with Austin Sands.

She was getting a divorce and wanted to regain possession of some of her clothing and furniture at the home.

A jury convicted Sands of attempted murder with use of a deadly weapon and one count of resisting a public officer.

In a third case, the court rejected the appeal of Jill Russi, who was arrested in Las Vegas for failing to pay her gambling debts.

In 1995 Russi gave the Gold Coast three checks totaling $2,000 in markers. When she failed to pay, the hotel turned the checks over to the district attorney's office. She later filed bankruptcy.

The court Tuesday also upheld a $2 million judgment in favor of Eric Fergestrom, who was seriously injured when a grinding wheel exploded while he was sharpening a knife. The judgment was against Norton Co., which manufactured the grinding wheel.