"The grand jury's actions
amount to an attempt to convert its view of desirable
public land policies, which are at odds with state and
federal law, into a criminal indictment against state
officials," states the 14-page opinion written by
Deputy AG Wayne Howell.
"By invoking the criminal justice process
for such improper purpose, the grand jury risks not only
infringement on the powers of the legislative and
executive branches of state government, it furthermore
verges on committing the very crime of which it wrongly
accuses others."
Howell's opinion was requested by Pete
Morros, head of the state's Department of Conservation
and Natural Resources, who oversees the Nevada Division
of Wildlife.
NDOW Director Willie Molini and three NDOW
employees were accused by the grand jury in a Feb. 13
report of committing the crime of oppression under color
of office in the mule deer mitigation involving
Independence Mining Corp.
The grand jury report, which also indicated
the crimes were unprosecutable because the two-year
statute of limitations had expired, said Molini and his
employees illegally held up IMC's permit to expand and
forced the company to pay
|
$500,000 toward
improving habitat for a displaced deer herd.
Howell states in the opinion that NDOW was
given legislative authority to accept the money. The
grand jury contended Molini exceeded his authority in
negotiating the mitigation payment.
Howell explained the Legislature approved
NDOW's budget, which included the mitigation account, in
the 1993 and 1995 sessions. The existence of the account
was first approved by an interim finance committee and
more specifically by the Assembly Ways and Means
Committee.
According to Howell's opinion though,
"the new account would authorize expenditure of
gifts and donations from businesses."
Elko District Attorney Gary Woodbury said
Howell's opinion is another example of Nevada politics at
work.
"I've not been in politics long enough to
call what they (NDOW) did to IMC a gift or a
donation," Woodbury said.
IMC was seeking to expand its mining operation
and had sought a permit from the U.S. Forest Service,
which was held up through NDOW's demand for mitigation,
|