Special counsel is sought on Moncrief letters

Dan Kulin

Monday, Jan. 10, 2005 | 11:04 a.m.

Nevada's secretary of state and attorney general are apparently butting heads over whether to release their correspondence regarding the decision to criminally charge Las Vegas City Councilwoman Janet Moncrief for allegedly filing false campaign finance reports.

Secretary of State Dean Heller wants to release the letters, his spokesman Steve George said, adding the letters would "clear up any misunderstanding on where we stood on whether the prosecution of Janet Moncrief should go forward or not."

Moncrief's attorney, Richard Wright, has claimed Moncrief is the victim of selective prosecution, and a judge has scheduled a Feb. 17 hearing on that issue.

George said the attorney general's office told Heller's office on Friday not to release the letters. George said the secretary of state's office will now request a special counsel be brought in to decide the matter.

"We're asking for special counsel, outside counsel, to determine if the correspondence between the two offices can be released without fear of prosecution," George said. "We feel there's a conflict in their office (the attorney general's office) giving us legal advice on something they're involved in."

George said the reason the attorney general's office was asked if the letters could be released is because there is a question about whether the documents might be covered by grand jury rules that require secrecy.

But, George said, the documents were not part of the evidence presented to the grand jury that indicted Moncrief.

Officials from the attorney general's office who are authorized to comment on this matter did not return telephone calls seeking comment this morning.

In the past, Senior Deputy Attorney General Conrad Hafen has denied the allegations of selective prosecution.

Moncrief was indicted in August on five criminal counts alleging she filed false campaign finance reports.

Prosecutors allege Moncrief did not report or misreported the value of work done by teens who canvassed neighborhoods for her, the contributions and/or expenses of political operatives Steve Miller and Tony Dane, the in-kind contribution of the use of a van, and the cost of producing and distributing attack fliers aimed at then-incumbent Michael McDonald.

If convicted, Moncrief faces one to five years in prison and up to a $5,000 fine on each of the four counts of filing false campaign expense reports, and from one to four years in prison and a $5,000 fine on the perjury charge. Moncrief has pleaded not guilty to the charges and has repeatedly said she did nothing wrong.

Neither Moncrief nor Wright could be reached for comment this morning.

George would not say what Heller thinks about the charges against Moncrief, except to say that the letters would show his position.

Although George would not otherwise discuss Moncrief's case, he said that, in general, politicians suspected of turning in false campaign finance reports can be prosecuted civilly. The civil charge of willfully filing false campaign finance reports comes with a maximum penalty of a $5,000 fine per charge, he said.

In late December, District Judge Nancy Saitta ruled there was enough "slight or marginal evidence" presented to the grand jury to support the charges that Moncrief filed false campaign finance reports.

But Saitta also ordered an evidentiary hearing, since scheduled for Feb. 17, to consider Moncrief's lawyer's arguments that the councilwoman was a victim of selective prosecution.

Moncrief will face Vicki Quinn, an activist for the disabled, and former Clark County School Board member Lois Tarkanian in the Jan. 25 recall election. Early voting is scheduled for Jan. 21 and 22.