Sunday, November 17, 2002
Copyright © Las Vegas Review-Journal

COLUMN: John L. Smith

Law enforcement open about keeping Crazy Horse Too documents closed

So much for the subtle approach.

Metro detectives don't want to turn over documents from their criminal investigation of the Crazy Horse Too topless cabaret to lawyers for club owner Rick Rizzolo, and they say they have good reasons.

Life and death reasons.

In a document filed Friday afternoon, Deputy District Attorney Mitchell Cohen asked that Discovery Commissioner Thomas Biggar deny a request by Rizzolo attorneys Tony Sgro and Daniel Carvalho to turn over police files that might help them to defend against an ongoing civil suit. A hearing on the matter is scheduled for Nov. 26.

To say the adversaries have dropped the pretense of courthouse decorum is something of an understatement. Attorneys for plaintiff Kirk Henry, a Kansas City tourist who suffered a broken neck Sept. 20, 2001, after an $80 bar tab dispute at the Industrial Road topless club, have been pummeling Rizzolo for weeks. Lawyers Stan Hunterton and Don Campbell recently filed documents alleging Rizzolo condones an "environment that has bred rampant lawlessness. For years, the management and `security' staff of the Crazy Horse has been infested by a rogues' gallery of thugs, thieves, drug pushers, and corrupt ex-cops. Most, if not all, have well-documented ties to organized crime figures who frequent the premises. All of this has nurtured a culture of violence marked by robberies, beatings and even death."

Hey, they also cater bachelor parties.

Now comes Metro Sgt. Scott Killebrew with the written equivalent of a good sapping. His affidavit spells out the fact Metro and the FBI have a joint ongoing criminal case expected to "continue for at least another six months," and that "this is a serious criminal investigation which may involve acts of violence."

Now, for the bell-ringer.

Killebrew, an 18-year veteran who gets his mail at Metro's Organized Crime Bureau, swears, "Premature disclosure of this information would prejudice the criminal investigation and endanger the safety of possible witnesses. Potential subjects would be made aware that they were the focus of a criminal investigation. Potential subjects and possible witnesses friendly to them could coordinate and rehearse their stories. Other witnesses, once identified, would be subject to tampering, retribution, harassment and intimidation. Cooperating witnesses would be especially at risk. Possible witnesses have consistently expressed fear for their physical safety if it were known or even suspected that they were in any way cooperating with law enforcement authorities.

"Disclosure of the records sought" would pose "a real and serious risk to the criminal investigation and the personal safety of potential witnesses."

To say the least, none of it helps Rizzolo, who has grown wealthy with his club and is a generous contributor to Nevada political campaigns and judicial races.

Contacted Friday, defense attorney Carvalho hadn't yet seen the filing but said, "I will certainly respond to it in writing," adding that the alarming language wasn't surprising given the fact that "one of the standards for refusing to produce a record is that type of allegation."

Does this mean it's all a bunch of superheated hyperbole meant to bruise Rizzolo & Co.?

If so, it hasn't yet sunk in. The Crazy Horse Too still does a crush of business.

Carvalho points to less sexy, but what he calls compelling evidence from a witness who swears Henry simply fell as he exited the club and wasn't attacked as the plaintiffs allege.

He also notes the irony of not previously being informed of supposed police concerns that witnesses would be in jeopardy if their identities were known. The defense might call the timing of the latest rhetorical assault on the topless club suspiciously fortuitous.

Problem is, Metro and the FBI aren't hiding anything but their evidence files. Their investigation into potential crimes adding up to a possible racketeering indictment was spelled out weeks ago in court filings.

The facts of the investigation are yet to be determined, but law enforcement's intentions are anything but subtle.

John L. Smith's column appears Tuesday, Wednesday, Friday and Sunday. E-mail him at Smith@reviewjournal.com or call 383-0295.