Friday, March 7, 1997 | 11:59 a.m.
Nevada Conservation Director Pete Morros said the grand jury was stacked and its Feb. 13 report is part of a ploy by county officials - "under some outside extremist influence" - to control public lands.
Morros added his employees in the state Division of Wildlife are above reproach. His only criticism was that they let the Independence Mining Corp. "off the hook" and should have sought $1.5 million in mitigation fees.
Morros, backed by other state officials and even by an Independence Mining representative, commented Friday at a state Natural Resources and Conservation Advisory Board meeting.
Morros said he's angry that the grand jury said state and federal officials were guilty of the crime of oppression under the color of office, a gross misdemeanor.
"What we do not accept is the intentional, malicious and criminally abusive behavior of the grand jury ... in the interests of pursuing their 'home rule' witch hunt," he said.
Morros also complained that two mining company employees, Joseph Burden and Alan Mariluch, were on the grand jury.
Bob Micsak, vice president and general counsel of Independence Mining, told the board his company doesn't agree with the grand jury findings and pays such mitigation fees "because it's the right thing to do."
In 1991, Independence Mining sought permission from the U.S. Forest Service to expand its operation to 5,500 acres of prime winter habitat for mule deer.
The Wildlife Division objected, saying the land would be disturbed. It also sought fees to restore other lands disturbed by the company. Negotiations started and a contract was signed for Independence to pay a $500,000 mitigation fee to the division.
Independence then got its permit from the U.S. Forest Service to begin mining on the land in question. The grand jury said Willie Molini, director of the Wildlife Division, and employees Duane Erikson, Larry Barngrover and Kenneth Grey and Forest Service workers John Inman and Ben Siminoe, took advantage of their position to force the mining company to pay the mitigation fee.
Erikson, a veteran Wildlife Division employee involved in the negotiations, also said the charge of coercion is unfounded. There was disagreement on the amount of money and the formula for setting the fee, he said, adding that happens in any negotiation.
After the contract was signed, Erikson said the company hosted a dinner for the state and federal employees in Elko and even summoned a newspaper photographer to take a picture of them handing over a check.
Erikson added the money received is being used to rehabilitate land south of the mining operation, which was scarred by range fires.
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