Reno Gazette-Journal from Reno, Nevada on September 19, 1984 · Page 34
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Reno Gazette-Journal from Reno, Nevada · Page 34

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Reno, Nevada
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Wednesday, September 19, 1984
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Page 34
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2D Reno Gazette Journal Wednesday, September 19, 1984 oounty says us to mining project, out with By LILA FUJIMOTO An open pit gold mining operation in historic Olinghouse Canyon was approved unanimously Tuesday by the Washoe County Commission. But commissioners imposed 25 conditions the Nevada Pacific Mining Co. must follow as part of its approval. . ; The conditions include assurances that no roads into the canyon be blocked, no chemicals be dumped into the canyon's water springs and that the mining company present a plan for resloping and revegetating the site once the mining is done in five to seven years. The mining company must also post a bond with the county to cover site construction, a mining plan and site restoration. . Commissioner Jim King asked that the mining company restore within 60 days a streambed that was blocked over the weekend by the company's heavy equipment. He also asked that no future stream disruptions occur. btaraust owners MM 111 L LSva mismanaged . LAS VEGAS (UPI) Ousted Stardust Hotel operators Al Sachs and Herb Tob- man nave cnargea in court documents that Constellation, Inc., has misused resort funds and abused its authority as -court-appointed supervisor of the Las Vegas Strip resort. - Morton Galane, the attorney for Sachs and Tobman, filed the charges Monday in District Court and alleged Constellation has paid itself too much money and diverted Stardust funds to other resorts operated by Constellation executives. ;; Attorney Morton Galane accused Constellation of "overcompensating itself, self-dealing and irresponsibly managing the Stardust. Sachs and Tobman are opposing a request from Constellation to raise its monthly management fee from $83,333 to $300,000. Constellation has managed the Galane charged in the court documents that Constellation has diverted funds to e f m 1 1 tt.i.i oam s lutvu anu me aiuuniia nuiei- - Casino, which are operated by the same executives as Constellation. .The attorney also claimed Constellation executives with using Stardust money to travel to Hawaii to solicit business for Sam's Town and the California Hotel-Casino. The document alleges the Stardust Hawaiian trade has since fallen. In addition, Sachs and Tobman charged Constellation with accumulating up to $3.5 million of Stardust funds in non-interest bearing checking accounts. The court document accused Constellation of paying more than $137,000 to the law firm of Boyd and Huff. William Boyd is a Constellation officer. The former operators, who gave up their gaming licenses when the state prepared to go forward with a license revocation hearing due to alleged skimming at the Stardust, said Constellation has fallen behind in payments to Trans-Sterling, Sachs and Tobman's company. Galane also said in the document that Stardust operations have been "disrupted" by the the firings of 250 to 300 casino employees since Constellation took over the resort. Abortion From page 1D : The pro-choice speakers, in favor of allowing a woman to choose whether to ' have a child, agreed that the best answer to abortion is prevention of unwanted pregnancies. .. Louise Bayard-de-Volo, executive director of Planned Parenthood of North-; era Nevada, said unplanned pregnancy is the cause of abortions and outlawing the; operation would not solve that problem. ( ' She suggested educating children and adults, and removing stigmas attached to adoption, single mothers and abortion. Matylinsky From page 1D ; second-degree murder and manslaughter before the closing arguments begin. . - Oakes is expected to argue today that it . was Matylinsky's jealousy and his wife's trying to get him to quit drinking that led to the beating. He is also expected to argue that no one could beat a person that badly without the intent to kill. While being drunk alone does not excuse a person from responsibility of a crime under Nevada law, Atcheson is . expected to argue, as he said in his open- ing statement, that the alcohol and drugs " prevented Matylinsky from forming any intent to kill, that would make the crime either second-degree murder or man-. slaughter. -. Atcheson said in his opening statement . that Matylinsky did not even remember - what happened that night and that the chemistry between the couple drove him . into an uncontrollable rage. ' On Tuesday, Matylinsky's sister, Marilyn Matylinsky, told of growing up in Sparks with alcoholic parents, never hav- - ing friends over to the house because of their parents' drinking, which led to fights. "Frank and I would always eat first and " they'd drink until they passed out," she testified. "They were always drinking, arguing, passing out. "I remember one time Frank did not " do his homework and my mom started slapping him, then my dad started hitting him." - For the first time during the seven-day " irial, Matylinsky broke out of his catatonic-like state at the defense table and "showed emotion during his sister's testi-' mony. Sniffing and eyes watering, he was " given tissue paper to blow his nose during testimony. . But he never looked up at her or moved "The encroachment is illegal according to the state water engineer," King said. In early 1983, the Arizona-based Nevada Pacific Mining Co. began test drilling on leased land in Olinghouse Canyon, an old mining district eight miles west of Wads-worth in Washoe County. The company began preparing the site for mining this year and recently installed about six miles of water pipeline into the canyon. Before seeking county approval, the company had already received necessary approvals from the federal Bureau of Land Management. The placer gold mining operation is expected to begin within three months and will eventually employ about 60 people. Commission Chairman Belie Williams said there should have been better planning to bring the mining project before the county before the company spent several million dollars preparing the site for mining. "I don't think we are here to prevent FUND-RAISER K1CKOFF: Bob Ostrovsky, president of the lotte Hill during the northern Nevada United Way Campaign, talks with. Char- Reno Tuesday. United Way sets sights on By TOM KINSEY The United Way Tuesday kicked off its campaign to raise more than $1.8 million for 38 local agencies that for the first time includes the American Cancer Society of Northern Nevada. Joseph Crowley, campaign chairman and University of Nevada-Reno president, said the $1.8 million goal is attainable and will provide "no frills" support for local non-profit groups that handled more than 240,000 cases last year. United Way raised $1.6 million last year. Bringing the American Cancer Society under the umbrella as a participating agency was hailed as a major unifying step in fund raising for the area. Publicity chairman Bob Dill said the cancer society will receive a per Dr. Robert Bonar, a pediatrician, said when he went to work Tuesday he saw about 600 adolescent victims of poor par-: enting. He suggested that early counsel-, ing could have prevented those births and the problems. He cited statistics showing the prevalence of abortion and said they prove failures by the current social and educational systems. Abraham Feinberg, rabbi emeritus of Holy Blossom Temple in Toronto, Canada, said, "I'm grateful for the fact that my mother didn't practice abortion," but added that the causes of abortion are the issue. from his daily position of sitting with hands in his lap, staring down at the empty table in front of him. He rarely ventured a glance at a witness or the jury. The defendant's sister, who is three years older than him, said she lived much of the time with her grandmother and went on to earn degrees from the University of Nevada-Reno. But her brother remained at home to grow up and was himself drinking by the time he was 12 or 13 years old, she said. Atcheson had presented doctors to testify how Matylinsky exhibited many of the signs of an alcoholic, and friends testified to his heavy drinking. It was over his drinking that the couple often argued, witnesses said, and twice previously he had beaten her when drinking. One beating resulted in her being treated and released from a hospital. Testifying for the prosecution, the victim's mother, Janet Wolder, said her daughter had been beaten so severely in May that she was "unrecognizable." She said she refused to attend the wedding in September 1983 because she "disapproved" of the marriage. She also said that after the beating in May, her daughter moved in with her for a short time and Matylinsky called and threatened her. Oakes has put on other witnesses that quoted either Matylinsky or his wife saying that he believed the baby was not his, although she claimed adamantly it was and even wanted to take a blood test at one time to prove it. Other witnesses described Matylinsky as a jealous and possessive person when drinking. Although they had lived together for two years, the Matylinskys were not married until September 1983, when she was already four months pregnant. mining, but we are here to mitigate conditions associated with it," Williams said. At Tuesday's public hearing, some canyon residents said they wanted to ensure that they are not hurt by the company's operations. "I'm not really against this mining company," said Jim Dallimore, who was fired from his job with the mining company Monday after talking to a reporter about his fears of being evicted from the canyon. Dallimore said he was concerned about the company's recent encroachments into the canyon's streambed and about its plans to dispose of slimes, or waste products, from the mining operation. Slimes from a previous Olinghouse Canyon mining operation, which closed down in July 1983, still have not completely dried, Dallimore said. Bill DuBose of Fallon, project consultant for the mining company, said the company would transport the slimes partly though a pipeline and partly centage of the money raised. However, he said, the group could not be a full-fledged United Way member because a certain amount of its money leaves the community. Each year, the United Way begins pilot campaigns in various businesses around the community, and pilot campaign chairman Albert Larsen reported $208,000 has been raised so far. He expects the total will be $300,000 compared to $290,000 last year. The guest speaker at Tuesday's kick-off luncheon, Charlotte Hill of Las Vegas, who has been a volunteer for 30 years and currently serves on the national United Way board of gover-. nors, told the group volunteers have become more important than ever with the cutbacks in social spending imple Verdict From page 1D jury on the element of inducement," Flanagan wrote. "The petition for writ of certiorari should be granted to resolve conflicts between the 9th Circuit and the 2nd Circuit as to whether the government is required to prove the power of public office was misused in such a way as to induce the giving of benefits." Accused From page ID handgun. Evidence will show he shot Randy Waldron several times, removed his wallet and money items that would advance his flight from the authorities. "He didn't stop there. Maybe because he needed more money to get out of town, he decided to inflict more violence on innocent victims in our community." Thompson, accompanied by a person that Mowbray didn't identify, went to the Sands Hotel-Casino where he saw Barbara Johnson and another woman walking toward her pickup truck. "Mr. Thompson approached them with the same smoking gun he used to kill Randy Waldron. But this time things started to go wrong and this defendant started to pay. You see, Miss Johnson is a tough lady a woman who knows how to defend herself. "In her pickup she kept a tire iron. When Mr. Thompson got near, she grabbed the tire iron and shouted, 'You son of a b , you're not going to do this to me.' " Mowbray said Johnson struck Thompson in the chest with the tire iron and he Becker From page 10 year "cooling-off period" before a gaming regulator is allowed to join the indus- ecker said from her own standpoint there was no conflict in moving from her role as a strict regulator to gaming executive. She said regulators eventually have to move on and use their expertise. . Before her appointment to the Board by Bryan, Becker served three years as deputy attorney general, most of which was spent advising the control board on legal matters. She is past president of the Nevada Trial Lawyers Association, and was a law through a ditch to Southern Pacific land. The waste material generated over the seven-year life of the mine will cover 160 acres in mounds no greater than 10 feet high, DuBose said. A former state inspector of mines, DuBose said he didn't know of any mining operators that have been required to fill their open pits once their operation ends. "It's generally accepted that it's not economically feasible to import material back in the pit and fill it up," he said. But that didn't satisfy King. "My biggest hang-up about voting to support this application is the abandonment restoration," King said. "I have not heard testimony today that satisfies me that the applicant is going to responsibly restore the site after they are through." Nevertheless, he voted with the other commissioners in approving the special use permit. But while the company appears to have dealt with the last government obstacle, the company still faces a battle with the Marilyn Newton Gazette-Joornai annual kickoff luncheon at Harrah's $1 .8 million mented by the Reagan administration. Despite the fact the United Way raised $1.95 billion nationwide last year, she said, "It would be very foolish to think that all of the volunteer, agencies could meet the total need. . . . There is a limit." She believes the administration's cuts have been too deep. But in an effort to meet the need, Hill said the United Way has become more creative and has been developing leadership to try to meet the needs. One thing she stressed about volun-teerism is that it is a two-way street. While the agency receives the benefit of a volunteer's work, the volunteer receives training and exposure that makes the person more attractive in the job market. . Flanagan argued that the government claimed at the outset of the trial that it would show McClelland "induced" the bribe, and the defense argued at trial's opening that McClelland never "induced" anything. He also claims the government backed off in its closing argument, claiming it didn't need to prove "inducement." Judge Bilby agreed in his jury instructions, leaving "inducement" out of the charge. If the Supreme Court agrees to settle shot at her twice before he fled. Johnson gave chase in her truck. Her attacker escaped, the prosecutor said, but based on the description she provided police, Thompson was arrested. Found on Thompson were the gun used to kill Waldron and his wallet, Mowbray said. "Society, this community, is fighting in this trial to tell this defendant that his conduct will not be tolerated . . . with a guilty verdict and the application of the death penalty." Thompson's attorney told the jury that the defendant was wanted by California authorities and he did want to get out of town, but that to believe he would kill a poor vagrant for money is "preposterous." "The evidence will show that Randy Waldron was a vagrant with a record and with a long history of spraying paint into a plastic bag and sniffing it," Campbell said. "He was violent and psychotic from a history of sniffing paint. The evidence will show Randy Waldron sniffed paint that night and pulled a knife on my client and threatened his life. Mr. Thompson acted to protect his life." Campbell said Thompson took Wal-dron's wallet only as an afterthought. clerk for former Nevada Supreme Court Chief Justice Cameron Batjer. As the control board's attorney, Becker represented the state in its case against Anthony "Tony the Ant" Spilotro, who fought his listing in Nevada's notorious "Black Book" of persons excluded from the state's casinos. She also represented Nevada in a case in which Summa Corp. challenged the state's computation of gross gaming revenues, and in another case dealing with suitability hearings for people doing business on a casino's property. Whitney was hired by Harrah's West in 1983 from Perkins Restaurants, a Holiday Inns subsidiary, and has been vice president and general counsel for Holiday Inns, which owns Harrah's. conditions; Dallimore family, who received an eviction letter on their turn-of-the-century: cabin in the canyon. "Just because the county gave them a special use permit does not mean our family's out of the canyon," Jim Dalli--more said. "We are going to fight them on it." J . . : ' In other action Tuesday, commissioners unanimously voted to give $43,000 to Nevada State Fair, Inc. to help maintain; the Nevada State Fairgrounds for the rest; of the year. 1 Nevada State Fair, Inc. has a contract with the county to manage and operate the fairgrounds. X. "My only concern is that it still leaves them many thousands of dollars in the red for 1984," King said. Even with an $86,000 subsidy from the . county this year, fair board officials expect to fall some $83,000 short of break; . ing even this year. Officials are : projecting $218,000 in fairgrounds revenujer and $300,900 in expenses. 1 Taxes, labor laws Assembly district issues " By LEE ADLER ' CARSON CITY A war of credibility was declared Tuesday in the Carson Assembly District 40 race between Republican incumbent Charlie Joerg arid: Democratic challenger Jack Davis. Both men also parted ideological company on tax initiative issue, Question 12, the proposed constitutional amendment on the November ballot. . . Joerg told members of the local Repul lican Women's Club that Davis "has con sistently told me over the past several years that he thought Nevadans paid far too little in property taxes." ; Davis, when reached for comment, said he never told Joerg "or anyone" any such thing and does not hold that view. ' And Davis also denied suggestions by Joerg that his alleged ties to labor will put him on the side of efforts to "gut" the; state's right-to-work law during the 1985 Legislature. . ; "I don't have any idea where he's conjured up that information," Davis said. , - Joerg told the GOP women that in 1982 Davis, as finance chairman, "raised most of the money" for the unsuccessful congressional campaign of Democrat Mary Gojack. "Where did he get it from? Labor unions," Joerg said. He added that this has implications for the 1985 legislative session "because there's going to be a major attempt ... to gut Nevada's right-to-work law. They've got the bill already prepared and they're going to take a shot at it if they think they can get it on at all." Davis said his fund-raising activities for Gojack were limited to the hotel and casino industry, and "I didn't go to labor to ask for money." With respect to right-to-work, Davis said, "The people of the state voted for it. My stand is if any changes are to be made in any way, it must go back to a vote of the people." Joerg, in his address, supported the principle of Question 12, although he said there are many "flaws" in the initiative. Question 12 would require a two-thirds vote of the Legislature or local governing bodies, and a majority vote of the electorate before sales, gaming, excise taxes or fees could be raised. -.: the dispute between the 9th Circuit, which doesn't consider inducement a vital part of a bribe charge against a public official; and the 2nd Circuit, which wants inducement proven, it could set the stage for appeals by other public officials caught in similar sting operations as Nevscam. Former state Sen. Floyd Lamb of Las Vegas, along with other current and former southern Nevada politicians, were also convicted in connection with the Nevscam sting. "He did not deliberately plan the murder of a glue-sniffing vagrant to escape the law. Mr. Waldron was half the age and half the size. It couldn't have provided Mr. Thompson with a viable identification." ; Campbell said the defense won't "totally" dispute the charge of attempted robbery and murder. "It did happen. But by then Mr. Thompson was very intoxicated. Don't take that as an attempt to excuse his behavior. The important thing is did Mr. Thompson act as a cold-blooded murderer when he confronted Miss Johnson? He ran from her and was shooting into the air." Campbell said his client knows he will have to pay a debt to society, but not. with his life. ; The trial resumes today. at 10 a.m. Vegas officer must stand trial LAS VEGAS (AP) - A Metropolitan Police officer was ordered Tuesday to stand trial on charges he allowed his police dog to attack a Nellis Air Force Base airman. Justice of the Peace Joe Bonaventuce: ordered Charles R. Pierce to trial on a felony charge of oppression following a two-hour hearing. : A standing-room-only crowd of police officers jammed into the courtroom where they saw Bonaventure schedule an Oct. 3 arraignment for Pierce in district court. ; Attorney Frank Cremen, appointed as special prosecutor in the case, contended that Pierce acted "mean and maliciously" after apprehending airman George DuBose Jr. at a department store. 1 Bonaventure rejected a request by Pierce's attorney, Aubrey Goldberg, to dismiss the case for lack of evidence. During the hearing, DuBose, who claims he was accidentally locked inside the department store where he worked, said he was bitten by Pierce's dog after thp nffirpr said "sir 'em nr nat m i 'sic 'em, or get 'em, or something."

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