Springer to look at appeal to nix part of Elko grand jury report

CARSON CITY -- Chief Justice Charles Springer has agreed to look at an appeal by the state to strike portions of a report by the Elko County Grand Jury that accuses four state employees of a crime.

Springer gave Elko County officials 20 days to file an answer to the appeal which seeks to eliminate language that accuses four state workers of using illegal pressure to gain $500,000 for the state.

Springer, in his June 30 order, said the appeal has "arguable merit" and has ordered the answer be submitted to the Nevada Supreme Court by attorneys for the grand jury and District Judge Michael Memeo.

The grand jury said in its February 1997 report that state Wildlife Administrator Willie Molini and employees Larry Barngrover, Duane Erickson and Kenneth Gray broke a state law when they strong-armed the Independence Mining Co. into paying a mitigation fee to allow it to expand its mining operation on public lands.

The jury did not return any indictments. Elko District Attorney Gary Woodbury said the statute of limitation had run out and there would not be any prosecution. State law says a grand jury cannot accuse anybody of a crime without bringing an indictment.

The four employees, represented by Attorney General Frankie Sue Del Papa, filed a motion asking the section in the report referring to the four workers be expunged.

Judge Memeo refused the state's motion saying the grand jury had reasonable grounds on which to make its findings and the issue was moot since the statute of limitations had run out. Del Papa then appealed.

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