Brooks appears at Legislative Building with head covered

CARSON CITY - The strange saga of Assemblyman Steven Brooks, who faces a felony charge of threatening Assembly Speaker Marilyn Kirkpatrick, got a bit stranger Wednesday when he made a brief appearance at the Legislative Building.

He did not attend a legislative budget hearing but did make it clear in a private conversation with legislative staff that he has no plans to resign and will be here for the start of the legislative session on Feb. 4.

Brooks' decision to serve will put him close to Kirkpatrick in the Assembly chambers.

Brooks, D-Las Vegas, arrived from Reno-Tahoe International Airport in a four-wheel drive vehicle driven by a member of the Legislative Police, his head covered by a hooded sweatshirt and accompanied by family members.

He spoke with Legislative Counsel Bureau Director Rick Combs in private for about an hour, then left, again with his head covered, and without answering questions posed by members of the news media who were in the building.

His arrival came on the first day of the Legislature's pre-session budget hearings, which will continue through next week.

But Combs said Brooks was not in Carson City to attend the hearing. Rather, he was here to finalize his living arrangements for the start of the session.

"He is not feeling well," Combs said after the meeting. "He is sick. I am not aware of what his medical conditions are; he just isn't feeling well and isn't able to participate in the pre-session hearings. He does plan on being here for the first day of session.

"He's going to go back to Vegas as soon as he gets his arrangements made here in Carson City for a place to live during session," Combs said. "According to Mr. Brooks, that is why he is here today."

Asked why Brooks was brought in with his head covered to meet privately with legislative staff, Combs said: "In this case, we're trying to make sure we don't make a big spectacle out of this."

Brooks was walking with a cane, he said.

LEGISLATORS WERE AT WORK

The news that Brooks was coming to the Legislative Building came as members of the Senate Finance and Assembly Ways and Means committees, including Kirkpatrick, were in the budget hearing.

Kirkpatrick left the hearing and went to her office on the first floor before Brooks arrived. A Legislative Police officer stood in the hallway outside her office.

Despite the security, Kirkpatrick said she is not seeking a restraining order against Brooks.

"We are here to do what we have to do, and we will do it," she said.

Lawmakers learned of Brooks' arrival from a legislative staff member who flew with him to Reno.

A couple of lawmakers asked to comment on the controversy had differing views while not passing judgment.

Sen. Pete Goicoechea, R-Eureka, said the situation is embarrassing for the Legislature. He said that with any luck, it was just a poor choice of words on Brooks' part and the matter will be resolved quickly.

"If it isn't, we need to get it taken care of," Goicoechea said. "I'll be honest with you, given a choice of weapons in a room, my money is on Marilyn."

Assemblyman John Hambrick, R-Las Vegas, said Brooks is a spiritual person who needs to find out what is best for him and "get through this valley."

The situation is very stressful for legislative staff and lawmakers, particularly the speaker and majority leader, he said.

"I got along fine with him last session," Hambrick said. "I know he's a man of faith, and he needs to grab ahold of that faith."

HOW IT ALL HAPPENED

The public saga of Brooks, 40, a second-term assemblyman, began about 6 p.m. Saturday after he was arrested without incident during a traffic stop near Carey Avenue and Mount Hood Street in Las Vegas.

A law enforcement source said a gun was found in Brooks' car.

He was arrested after Kirkpatrick reported to police that she was the focus of threats by the lawmaker. Those threats were conveyed to Kirkpatrick by state Sen. Kelvin Atkinson, D-North Las Vegas.

Several lawmakers have said they knew Brooks has been upset and felt sidelined by Kirkpatrick, who did not give him the chairmanship of the powerful Assembly Ways and Means Committee. She named him to the committee as a member only.

Instead, the leadership job went to Assemblywoman Maggie Carlton, D-Las Vegas.

Brooks was released from the Las Vegas jail on Sunday after posting $100,000 bail.

On Monday, Las Vegas Review-Journal columnist Steve Sebelius reached Brooks by phone. In a brief interview, Brooks said: "I'm innocent. Marilyn wants to kill me."

Brooks said he was speaking metaphorically about Kirkpatrick.

"Any person who abuses their power and throws somebody in jail wants to kill me," Brooks said.

Brooks on Monday hired Henderson public relations representative Reggie Burton and Las Vegas attorney Mitchell Posin.

Burton said Brooks would be in Carson City on Tuesday to talk to the media about the allegations. He did not show, instead going to a Las Vegas hospital for internal bleeding. He was released later in the day.

LEGISLATURE'S OPTIONS

The allegations have taken center stage over Gov. Brian Sandoval's proposed 2013-15 budget, unveiled last week in his State of the State address.

Legislative legal staff members have been reviewing what options the Assembly has for dealing with Brooks.

Under the state constitution, the Assembly can decide the qualifications of its members, even determining whether they should be seated after winning an election. They can expel a member on a two-thirds vote. Legislators cannot be impeached.

The incident has preoccupied Combs, who is about to start his first session as director of the Legislative Counsel Bureau.

Combs said Brooks did not ask for access to the budget hearing, nor was he denied it by legislative staff.

Asked about how legislative staff will handle the situation in which Kirkpatrick and Brooks will be sitting in close proximity in the Assembly chambers, Combs said the issue will be dealt with then.

"There is always police protection for all of them," he said. "All 63."

Combs said he is not aware of any restraining orders in place in the controversy.

It would be up to a judge to decide how to word an order so that both Brooks and Kirkpatrick could perform their legislative duties, he said.

Combs said he did not know whether Brooks might attend the budget hearings in Las Vegas, where the meetings are being teleconferenced.

"Right now what we've done is we've taken every step we can to make sure our Legislative Police are watching everybody and especially closely on people who are involved in this situation; that we're keeping our eye on them constantly," he said. "This is a public and open building."

Tensions are higher because of the incident over the weekend, but staff members are working to make sure the building is safe for lawmakers, staff and the public, Combs said.

Brooks faces a court hearing Monday, but that date could change because the attorney general's office has taken over the investigation and potential prosecution.

If convicted of a felony, Brooks probably would be barred from serving in the Assembly.

Nevada Revised Statutes 281.040 says that if convicted of a felony, an individual is stripped of certain rights, including the right to vote. Not being able to vote means a person is not a qualified elector, and only qualified electors can hold public office.

Capital Bureau Chief Ed Vogel and Review-Journal reporter Laura Myers contributed to this report. Contact Capital Bureau writer Sean Whaley at swhaley@reviewjournal.com or 775-687-3900.