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November 27, 2009

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State sells a key piece of evidence in Tire Works fraud sting

Gone: Car at center of lawsuit against Tire Works shops

Image

courtesy of ktnv-TV

This 2000 Chevy Malibu, a decoy in good condition chosen from the state’s motor pool for its investigation into alleged deceptive practices at Tire Works, was inadvertently sold at auction. A Tire Works attorney plans to try to have the case dismissed for lack of evidence.

Wednesday, Sept. 16, 2009 | 2 a.m.

Channel 13 anchor Nina Radetich was recorded telling Tire Works -- the subject of investigative reports -- that her boyfriend could help the company with media relations in the wake of the series.

Channel 13 anchor Nina Radetich was recorded telling Tire Works -- the subject of investigative reports -- that her boyfriend could help the company with media relations in the wake of the series.

The undercover agent was a 2000 Chevy Malibu pulled from the Nevada state motor pool — a dark blue decoy car investigators from the state’s Consumer Affairs Division said was in tip-top shape when they dropped it off at three Tire Works auto repair locations in November.

When Tire Works mechanics suggested it needed expensive tuneups, the Malibu became a key piece of evidence in the state’s case against Tire Works for deceptive practices. It also became a key part of the ongoing expose KTNV-TV, Channel 13, has aired about the auto repair chain since March, complete with undercover footage the TV station gathered as the Malibu was hoisted in Tire Works auto bays for inspection.

TV cameras were not rolling, however, when the Malibu was sold at auction in April, sometime after the state had filed its lawsuit against Tire Works — a case that cited the Malibu sting, in part, as proof of the company’s fraudulent practices.

News of the car’s sale came out Aug. 27, when Dominic Gentile, the attorney representing Tire Works, told Judge Elizabeth Gonzalez that despite his request to inspect the state’s evidence — the car — he had not been given access to the vehicle, two months into the lawsuit.

“Maybe it went in for Cash for Clunkers,” Gentile joked, “and the case is over.”

Deputy Attorney General Raelene Palmer told the court Gentile’s guess was actually “pretty close.”

“It was auctioned,” Palmer said, adding that there had been a “lack of communication with the motor pool,” but that she wasn’t too concerned about it because the car was only a small part of the case.

Palmer might be concerned, the judge observed, when Gentile files a motion to dismiss the case because of the seemingly accidental sale of evidence — which is exactly what the attorney plans to do in the coming days.

“It is impossible for them to have that part of the case without the car,” Gentile said.

Meanwhile, KTNV is dealing with its own headache related to the Tire Works story.

As the Sun reported Friday, Channel 13 anchor Nina Radetich was recorded in a phone conversation with Tire Works owner Roshie Weightman, suggesting her boyfriend — NV Energy special projects manager Jack Finn, a former spokesman for Sen. John Ensign and former Gov. Kenny Guinn — could help the auto repair company handle media relations in the wake of negative coverage coming from her newsroom. During the call, Radetich asks Weightman to keep their conversations private.

KTNV Vice President and General Manager Jim Prather said that although the station considers Radetich’s actions a lapse of judgment, KTNV is “standing behind Nina 100 percent.” Radetich did not appear during her normally scheduled Monday shift, but returned to TV on Tuesday.

Sources close to Channel 13, who asked not to be identified for fear of retaliation, said Radetich’s colleagues were angry with the longtime Las Vegas newscaster, who reportedly read a prepared statement to colleagues Tuesday afternoon lamenting the media fallout after news of her recorded calls broke.

The Sun obtained a copy of the ethics guide KTNV employees are asked to read and sign. It states: “Journalists are obliged to make certain that no outside personal, philosophical or financial interests conflict with their professional activity or could create the appearance of a conflict with those professional duties.”

Prather would not comment on whether Radetich had or will be disciplined and said the anchor would not be speaking to the Sun.

Prather also refused to comment on another controversy surrounding the station’s Tire Works coverage — whether KTNV manipulated comments made by the state’s automotive expert in its newscast.

Robin Roques, an automotive instructor at the College of Southern Nevada, inspected the motor pool Malibu before state investigators dropped it off for service.

The news station was given access to Roques, the state’s expert witness, during the sting, and later aired video of Roques standing with the Malibu, purportedly talking about Tire Works, saying, “It’s fraud, OK? They’re selling stuff that is unneeded services. They’re just taking money from the public and giving the auto repair industry a bad name.”

Tire Works sued Roques for defamation.

In a counterclaim, Roques said he never told anybody with the TV station that Tire Works was defrauding the public.

His attorney at the time, CSN general counsel Anne Zemek De Dominguez, said Tuesday that Roques had been responding to something off-camera and wasn’t talking about the specific allegation that Tire Works was perpetrating fraud.

The implication is that Roques’ quotes were used out of context to further the TV station’s story.

Because this matter is now the subject of litigation, Prather would not comment except to say that KTNV stands by its story.

Roques’ case is now being handled by the attorney general’s office, De Dominguez said. The state agency has argued in court documents that the defamation suit is just an attempt to divert attention from Tire Works’ own “egregious conduct.”

Edie Cartwright, public information officer for the attorney general’s office, said the state could not comment on any of the developments ­— the auctioned car, Roques, whether the case would be negotiated down in light of these problems — as the case is ongoing.

Gentile, who has represented the Sun on First Amendment issues, said Deputy Attorney General Bob Giunta advised the court last week that he would be taking over the Tire Works case for the state, and that he was inclined to dismiss parts of the lawsuit that involved the Malibu sting.

If so, the state’s case against Tire Works would be based on numerous complaints filed by citizens against the auto repair chain, complaints Gentile says have since largely been resolved in the company’s favor.

While it remains to be seen whether Tire Works is the subject of future KTNV exposes, Prather insists the station is still committed to investigative journalism.

“We know that we have to earn the trust of our viewers one day at a time, one story at a time,” he said.

Discussion: 40 comments so far…

  1. MISTRIAL, NEXT, MISTRIAL, NEXT!

  2. This story just gets worse every day.

    Somebody messed up, and channel 13 should admit it and apologize to their viewers for the idiotic comments of Ms. Radetich. Until they do, they have lost their credibility.

  3. Wow, I love watching Nina, but she needs to get fired for this blatant misuse of position. How can ANY viewer trust her now?

  4. if they don't fire radetich...
    who the hell would ever watch channel 13 ktnv again???
    that is just pathetic...
    absolutely pathetic!!!

  5. What a great way for the City and State to make money in these bad economic times. Maybe we can hold some police auctions to sell off all those dusty old case boxes (aka EVIDENCE) as artifacts to the Las Vegas Mob Museum. This would be a great legacy for Oscar's clients!

    LAS VEGAS, January 8, 2002
    "PC Mike" Wendland reporting

    Auction sites are all the rage on the Internet these days. But Internet correspondent "PC Mike" Wendland has found one online auction that's a lot different than the others. It sells unclaimed stolen property that's currently sitting in the evidence rooms of local police departments.

    The site calls itself the property room and its motto is "Steal It Back" (steal as in, good deal.) The site is run by former police officers from California and works as an online auction service for nearly a hundred police departments around the country that want to clear out heir overflowing evidence rooms.

    http://www.kvbc.com/global/story.asp?S=6...

    http://www.fox5vegas.com/news/14176592/d...

  6. INTERESTING ""
    This story gets better and better. Prather get a life. "Earn the trust of your viewers," with you B.S. "Exposes." You just got got. You got "Exposed" you must be joking. You low life, bottom feeder.
    No car,
    NO joint investigation
    Expert Mechanics words cut and pasted to suit your needs
    Nina pimping her so called boyfriend -- we know who the real boyfriend is -- don't we Jimmy (you can't keep it under wraps much longer)
    Change of counsel at Attorney General's office, Ralene being kicked out
    Hmmmm" wow, journalism at its best.
    Ch 13 you are pathetic. Let's see what else is coming".

    BOYCOTT " BOYCOTT" BOYCOTT"

  7. This government sting was very good for us consumers. It should be kept on-going.

  8. There is one word to sum up this story and Radetich's actions....UNBELIEVABLE!!!!!

    Unfortunately the author of this article failed to mention that Radetich will not be dismissed from KTNV.

    It was back to work as usual yesterday for Radetich and after she addressed the loyal staff at KTNV(the staffers who don't even make a quarter of what she makes and work hard to gain credibility, and I might add don't aid clients who blatantly rip off the Las Vegas public). She closed her speech by making a comment about heading off to Cape Cod for some relaxation.

    Way to go KTNV management....reward your employees who collect huge paychecks, screw over the rest of your staff by tarnishing your product, and violate your ethics code of conduct.

    That is a marvelous way to lose viewers and HONEST employees, but wait isn't this the station that has a never ending list of bad publicity due to poor actions by their anchors?

    This is nothing less than a complete JOKE.

  9. I can not believe that the state sold off a key piece of evidence. Typical government efficiency.

  10. "It was auctioned," Palmer said, adding that there had been a "lack of communication with the motor pool," but that she wasn't too concerned about it because the car was only a small part of the case"

    WTH! Small part???? Without the evidenvce, no case or a weak one at best!

  11. Abigail -- you go girl.
    It's time for an oil change at Tire Works and a subscription to Las Vegas Sun.
    And Oh
    BOYCOTT Channel 13
    You gotta hit these people where they hurt ,,, their pocketbook. I wonder how much longer they will keep NINA , DARCY and Jimmy with their fraudulent "Exposes" when their ratings keep plummeting.

    BOYCOTT " BOYCOTT" BOYCOTT"
    LETS TEACH THEM A LESSON.. That's all we can do

  12. Well I live here on Cape Cod, i'll keep an eye out for her. I think I saw her driving past me in a 2000 Malibu that was in "tip top shape'.

    By the way, if it was in Tip Top Shape... why were they selling it? Long Live Old Vegas!

  13. Next up for money. Okay. Gov. George Allen of Va. proved to be one and now Cong. Joe Wilson of SC has proved to be one. Racist. Next up please. Crooks and cheats, hush money payers and cover uppers like Ensign. Its about the money and sex and if you ain't white you ain't no good. Calling a person a makaka as did Gov. Allen in which he was caught on film put him out of a sure win for the Va. Senate seat. Hahalahaahhahhhheheheeh.. These phonies.

  14. I HAVE BEEN LOOKING FOR A TIP-TOP SHAPE CAR.

    WHAT WAS THE VIN NUMBER?

    OR DO YOU HAVE ANY MORE TIP-TOP SHAPE CARS FOR SALE?

  15. As it just goes to show you. Nothing is going to happen in channel 13. no firings, no nothing. Life goes on as usual. Boycotts will not take place nor even a picket sign in front of their studios.

  16. FIRE NINA!!!

  17. It's a miserable station with miserable management. Serves the GM right for the way he is handling this and trying to cover up corruption by Nina and Jim Prather.

    "I ask, you investigate", Ch 13. Investigate your sorry selves who keep an anchor who gives perps the heads up to try to get cash for her boyfriend. It has to be hell for Nina around there with her co-workers. But, sounds like she as one friend in the front office.

  18. Thumper, your comments about all of the huge errors of our state and local governments in protecting the public interest are right on target.

    However, you miss a key point in laughing at the idea of Nina R's head on a platter.

    Remember that since the time of the Revolution, the express purpose of the Press is to expose government corruption and ineptitude. The average person gets their exposure to local government ineptitude from what they see on local television.

    Yes, there are people who read newspapers or local internet sites, or watch Nevada Week in Review on Channel 10. However, those people are in the minority. That's why it's important that LOCAL television news be both unbiased, accurate and above reproach on an ethical basis.

    My complaint about most of the news anchors on LOCAL television is that they are complete illiterates about the legal system. The situation with Nina Radetich illustrates my frustration, and why, frankly, after several years I've concluded that it is not worth watching local news on Channel 13.

    According to the Sun story, and now John L. Smith's column in the RJ, Nina R. advised her friend Roshie W. to hire a non-lawyer public relations representative to give the friend and her company advice.

    Obviously, Nina R. is simply too stupid to realize that every word the friend would say to the non-lawyer would NOT be convered by attorney client privilege, and instead discoverable by the Attorney General.

    As a result, Nina R. does not deserve to sit in the anchor's chair anywhere, because if she is that unsophisticated on legal issues she certainly should not be delivering important news and information to the entire community.

    The only other way to analyze Nina R's conduct, if you assume she is NOT stupid, is that she was either (1) greedy and avaricious, just trying to make a buck off someone else's troubles or (2) she was trying to manipulate the subjects of the investigation to make non-privileged communications to their detriment, either to help the Attorney General or to get more information for a news story, all the while hiding behind the guise of friendship.

    Either Nina R. is profoundly stupid, or a snake.

    Either way, this episode shows us that Channel 13's news department is not a source of information which should be relied on.

  19. .
    ..
    ...Me thinks Nina's boyfriend better watch out if Senator John Ensign stands 100 percent behind Nina's behind...
    ..
    .

  20. Dominic Gentile used to be pals with Nina's old boss, Jim Rogers.

  21. Idiots!

  22. Can you believe Prather?!?

    First he says, KTNV is "standing behind Nina 100 percent" and then at the end of the article he insists the station is still committed to investigative journalism.

    This after she runs away to Cape Cod to avoid the truth?

    LOL! Are these people the biggest bogus joke in Vegas or what?

  23. BOYCOTT, BOYCOTT, BOYCOTT

    HAVE YOUR VOICES HEARD .. BOYCOTT CH 13

  24. Hmmmmm... I wonder why Nina would throw a bone to Tire Works and tip them off... Could it be the $25,000 donation they made to Nina's Night Out 2008?

  25. Thank you, Sun newspaper!

    Special thanks to Abigail!

    This does just keep getting better and better.

    Please keep searching and keep exposing the truth about Channel 13, Nina Radetich and Jim Prather.

    Sounds like there are many current Channel 13 employees and former ones who are more than willing to give you the scoop.

    Of course the employees at Channel 13 are speaking out. This horrible incident by Nina and Prather tarnishes every staff member.

    How would you like to be a Channel 13 street reporter being asked about this every time you go into public?

    The actions of Radetich and Prather turns the Channel 13 staff into unwilling supporters. The short sighted Prather fails to see this.

    We feel for the employees at Channel 13. Keep speaking out.

    Truth is, Channel 13 had a moment in time to take the high road and be ethical and trustworthy. That moment came and went. Prather could have chosen to make the only ethical decision and fire Radetich. His failure to do so now puts the spotlight on him. We now question the actions of Prather. The more we seem to learn about him the less he sounds like a decent person.

    Now is the time that we must all call upon the corporation that signs Prather's paychecks and ask that they do what's ethically right.

    Truth is, each time Channel 13 goes on the air with a news program they now commit a public fraud. It would be one thing for an underhanded deal maker who gets busted and lies to deliver the station's editorials but to continue with her as an anchor is simply unacceptable.

    Radetich and Prather profit from reporting the news. If they can not provide an ethical news product no local advertisers should support them. And every advertiser that does support Channel 13 will be asked why.

    And while Jim Prather spins this into a pity party we wonder who he hired to help him out this time? Rogich?

    This is not going away. Not any time soon. And, when the stations license comes up for renewal there will be questions to the regulators as to why KTNV should be allowed to continue under present management.

    Karma sucks, doesn't it?

  26. Follow The Money

  27. How can Channel 13 stand behind Nina? Where is your loyalty to the viewers? Hopefully your company will lose viewers and thus advertisers. Is she really worth the risks? She has no personality whatsoever. What else is she doing behind the scene to keep her job on the evening news? We do wonder!

  28. Nina is clueless, Shelley Bruner IS HOT HOT HOT

  29. I suspect Nina has something on Channel 13's management or is aware of something that will come to light if she's fired...

    How else can you explain it?

  30. Everyone at Ch 13 knows she is in deep if you catch my drift with Prather. She is getting to the top the old fashion way.

  31. "Palmer might be concerned, the judge observed, when Gentile files a motion to dismiss the case because of the seemingly accidental sale of evidence"

    This sounds like a situation for a bass-davis instruction, not dismissal.

  32. Yea It seems as though Nina R. and Prather are lying in bed together !! Unfortunately this is at the expense of all the other employees at Channel 13 !! who are probably pretty honest !! If I worked there I would be jumping over peoples head to save my career before the whole station is Boycotted !!, maybe if the concerned citizens were actually standing in front of the station with signs, it would draw the attention of other news outlets and put the pressure on these two snakes to resign !!

  33. I think what Nina and Prather need when she gets back from here "vacation" is a good old fashioned, Vegas style BOYCOTT anyone who is SICK AND TIRED of corruption in our city and being lied too and wants to participate, in this please send an email to:

    boycottvegas13@gmail.com

    If nobody else wants then I will be standing out there by myself, but I am going to call every other TV and media outlet to meet there in the morning to make sure the story gets heard.

    details to follow !!

    BOYCOTT BOYCOTT BOYCOTT BOYCOTT BOYCOTT BOYCOTT

  34. Keep the pressure on Channel 13 by sending an email to Prathers boss:

    dkiel@journalbroadcastgroup.com

  35. the case is dead in the water, Radishtop with her crooked sneer/smile should be fired. Also it is interesting that the hate-talk radio station that "skypes" with ch 13 has not discussed the story to any degree. Meanwhile the news anchor turned sports reporter, turned reporter turned weather man, turn out in the street, who had the wreck in the spaghetti bowl is going to sit in on the other hate talk station in town.

  36. Keep digging...Nina and Prather connection...more than just "business" related? Get the real background and you will see some tepee creepie going on! Ya you bethca!

  37. It is highly recommended that everyone tune into KTNV.

    Then send email to the advertisers pointing out these newscasts and threads.

    And just to add a little more kick, tell them you won't be buying anymore of their stuff.

  38. Is anyone involved in this NOT a complete idiot? Of course, I feel like the biggest idiot of all-I didn't realize that Channel 13 actually had a news department...

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