Columnist Jeff German: Police had their shot at Walters

Tuesday, Nov. 12, 2002 | 11:22 a.m.

The fat lady is on the verge of singing in the six-year battle between Billy Walters and law enforcement authorities.

But don't count on a curtain call until you see it yourself. Some of the cops who pursued the politically connected Walters still aren't ready to give up.

With a criminal money laundering indictment no longer hanging over his head, Walters is expecting to receive a fat check from Metro Police within two weeks. It's the $2.8 million plus interest intelligence detectives seized from him during a December 1996 raid on his sports betting operation.

Ulrich Smith, a special attorney appointed to oversee the forfeiture of the $2.8 million, said Monday that he and Walters' lawyer, Richard Wright, have a tentative agreement paving the way for the return of the money, which has been sitting in an interest-bearing account all this time.

Undersheriff Richard Winget gave Smith the green light about a week ago to pursue the deal, which once and for all will bring an end to the case.

As part of the agreement, Walters will give up his right to sue police over the six-year investigation that kept him fighting mad.

The deal comes two weeks after the Nevada Supreme Court tossed out the third money laundering indictment against the legendary gambler in four years. The high court, and lower courts before them, repeatedly found that police didn't have enough evidence to stand up in court to a jury.

Having been called out on strikes, the Nevada attorney general's office, which prosecuted the case for police, correctly figured it would be useless to take another swing at Walters.

All Walters needs now is for Smith and Wright to draw up the paperwork and get the retiring Sheriff Jerry Keller to sign off on the money's return in the next couple of weeks.

And everybody will be happy.

Well, not everyone.

In the last several days, some of the cops who investigated Walters reportedly have lobbied Keller to let the next sheriff, Bill Young, make the call after the first of the year.

These cops, who believe Walters has been able to buy his way out of a jam with high-priced legal talent, don't want to step away from the batter's box. They want fresh eyes and ears to examine the forfeiture case, which they believe is winnable.

The standard of proof in civil matters, you see, is less than in criminal cases. All you need is a preponderance of evidence to obtain a civil judgment. You don't have to make a conclusion beyond a reasonable doubt.

But who really cares at this point?

Even if police are right about the way Walters conducts business, they have failed to accomplish what they set out to do -- prove criminal wrongdoing here.

Continuing to pursue the money as a sort of consolation prize will only give credence to claims by Walters that police have been on a vendetta against him.

Both Smith and Wright said Monday they know of no effort at Metro to force a delay in giving back the $2.8 million, and they're proceeding full-steam ahead with plans for its immediate return.

You can't blame Walters for being anxious to get his money back. He beat the cops fair and square.

After six years of being on the losing end, you'd think police would just take their lumps and move on to the next case.

Officers may not like it, but it's not a crime to have the wherewithal to fight them in court. That's the way the justice system works in America.

The cops should get over it, and let the sheriff call in the fat lady.