NDOW, and wildlife
commission Chairman Mahlon Brown have
consistently lambasted the grand jury's actions and
defended the state employees.
"I think the Elko County Grand Jury was
so out of line, I think the district attorney was so out
line, but I've said that before," Brown said at
Friday's meeting. "I think it's a travesty that
these men have had to go out and hire a private attorney
and the State of Nevada has not stepped up to bat for
them."
Brown said the opinion, which was requested
by Morros, asked the wrong question. Brown said he would
seek an opinion on the legality of the grand jury's and
Woodbury's actions.
"I think there's been some spurious
behavior by some people in our state," Brown said.
Howell said Tuesday that Elmore had not filed
the necessary petition to seek funding from the state and
that Attorney General Frankie Sue Del Papa would have the
last word on funding.
Although Howell said Friday the AG's Office
could not defend the employees against a criminal charge,
he
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did not rule out the
possibility of the state representing them in a civil
case. Howell said Del Papa has statutory authority
to decide if the state should pursue the suit or if
special counsel should be hired.
Elmore said he has already had trouble
acquiring transcripts of the grand jury proceedings.
"They have no intention of
cooperating," Elmore said. "They have no
intention whatsoever of addressing this problem in any
kind of civil, reasonable manner."
Elko District Judge Mike Memeo, who receives
the information gleaned by the grand jury, said he could
not comment because of the possibility of further action.
In the public court file for the grand jury,
no petition had been filed as of Thursday seeking a copy
of the transcripts, which Elmore said his clients were
statutorily required to have since being named in the
presentment.
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