AG office admits gathering intelligence

A deputy attorney general acknowledged in District Court for the first time that her office collected intelligence on gaming regulators.

"Obviously, we did gather intelligence information," Deputy Attorney General Bridget Branigan said when pressed at a hearing Friday by Discovery Commissioner Thomas Biggar. "But we're making a point we did nothing illegal."

Attorney General Frankie Sue Del Papa and her office have denied conducting an intelligence investigation since the allegations surfaced more than two years ago.

On June 27 the Sun reported that Biggar found documents in Del Papa's own files that show such an inquiry existed.

Biggar said Friday the intelligence-gathering activities raise questions about whether the attorney general's office abused its authority.

"This information has to come out of the closet," Biggar said. "It must be aired. I think it would be a mistake to keep this investigation under wraps."

The discovery commissioner pointed out in June that records he has been reviewing show the attorney general conducted secret background checks on former Gaming Control Board Chairman Bill Bible and other regulators, as well as Frank Schreck, a prominent gaming attorney and political fundraiser.

On Friday Biggar said he was recommending releasing about 900 pages of documents and eight hours of videotapes of convicted slot cheat Ron Harris that confirm the existence of the intelligence investigation.

There are more than 50,000 pages in the Harris criminal file. Harris, a former Control Board computer expert, pleaded guilty to slot cheating in 1996 and agreed to cooperate with the attorney general's office in the intelligence probe.

Biggar said Mike Anzalone, a former Del Papa investigator, deserves to see the documents as part of his lawsuit in which he alleges the attorney general fired him for refusing to help gather derogatory information on regulators. Biggar said he was recommending the documents be turned over by Aug. 27.

Anzalone, who was let go in February 1996, has charged that he was a casualty of a rift between Del Papa and Bible, now chairman of the Nevada Ethics Commission. Anzalone has accused Del Papa of using the Harris investigation to further the probe of Bible and other board members.

As discovery commissioner, Biggar oversees the sharing of evidence in civil cases in District Court.

After Friday's hearing, Chief Deputy Attorney General Richard Linstrom said his office planned to lodge objections to Biggar's rulings before District Judge James Mahan, who has the final say in releasing the documents.

"We look forward to a review of the entire matter before a district judge," Linstrom said.

During the hearing, Biggar clashed several times with Branigan and Solicitor General Mark Ghan, who are defending the attorney general's office against the Anzalone suit.

Biggar accused the attorney general of using "evasive" and "negligent" tactics when responding to requests for the massive Harris file.

When Ghan suggested the discovery commissioner had allowed Anzalone and his Phoenix lawyer, Christine Manno, to go on a fishing expedition, Biggar retorted: "I guess they found something, didn't they?"

Ghan charged that Biggar was misconstruing the actions of Deputy Attorney General David Thompson, who was spearheading the Harris investigation and its related probe.

"Your drawing characterizations and a lot of conclusions in a vacuum," he said.

Biggar several times accused the attorney general's office of raising "ludicrous" objections, such as its attorney-client privilege as legal counsel for the Control Board,when arguing against making public the Harris file.

The attorney general gave up its right to assert the privilege when it decided to revive old allegations involving board members, he said.

Bible and others such as Rex Carlson, the former Control Board lab manager who exposed Harris' criminal activities, have urged the file's release. Biggar also didn't buy the attorney general's claim that confidential informants would be compromised if the information was turned over to Anzalone.

One of those informants was Frank Romano, a former slot machine manufacturer who lost his gaming license in 1990 after a cheating scandal at his company, American Coin.

Romano has talked about his claims of wrongdoing against board members with several news organizations, including the Sun. He even acknowledged going to the Del Papa and Thompson with his allegations.

Biggar said he felt it was important to give Anzalone the eight hours of videotapes Thompson made with Harris in August 1996 so that people "can judge for themselves" what the attorney general's office did with the investigation.

Some of the tapes were leaked to the news media in 1997. ABC's "PrimeTime Live" even aired excerpts in which Harris raised unsubstantiated allegations about gaming regulators.

Biggar noted that Thompson began his debriefing of Harris by saying: "We're here to discuss allegations of corruption involving members of the Gaming Control Board."

None of the allegations ever was corroborated, and no charges were filed against any regulators.

Biggar said he was recommending turning over the tapes to Anzalone on the condition he not give them to reporters.

On Friday, meanwhile, Biggar held a separate hearing with a witness who stepped forward claiming to have knowledge about records the attorney general's office may be withholding from the discovery commissioner.

Both Branigan and Ghan objected to the hearing, and outside the courtroom Linstrom said he was outraged that Anzalone's lawyer was bringing the matter before Biggar.

The hearing was closed to the public, and the identity of the witness, who is a state employee, was kept secret.

There was no word on the outcome of the hearing.

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