Tire Works attorney gives consumer complaint First Amendment twist

When KTNV-TV, Channel 13, earlier this year broadcast its investigative series questioning the ethics and quality of repairs being performed at Tire Works, irate owners Roshie and Jeffrey Weightman hired attorney Dominic Gentile.

That’s not surprising. Those who find themselves in the media spotlight — especially those who are also under investigation by the state Division of Consumer Affairs because of allegations of deceptive trade practices — often want to minimize any damage to their business.

But when it came time to defend his clients, Gentile chose an intriguing strategy. He not only attempted to tear apart the state’s lengthy complaint, he also decided to sue Robin Roques, an experienced mechanic and director of Automotive Technology at the College of Southern Nevada, whom state consumer affairs and the television station used as a key source. That decision, which could have serious ramifications for the local press, gained little media attention outside my own column.

Gentile also attempted to uncover the identity of someone named “Jacob,” who posted what the Weightmans believed was a defamatory statement about them on the Channel 13 Web site. The statement has since been removed, but the lengths to which the attorney and his clients were willing to go to ferret out the identity of the critic could affect media Web site posts.

It was clear from the outset Gentile, a First Amendment specialist, was choosing his targets carefully. Rather than sue a media outlet and invite the challenge of KTNV’s lawyers, Tire Works’ attorney aimed at smaller game.

Then, on Saturday the Las Vegas Sun reported KTNV anchor Nina Radetich had been recorded in a conversation that made it sound as if she were soliciting Roshie Weightman for media consulting work for her boyfriend, Jack Finn, for the express purpose of countering the station’s critical Tire Works stories by award-winning investigative reporter Darcy Spears.

Radetich enjoys a good reputation in the local TV news business, but she stepped into an ethical bog when she chose to have even a casual conversation with Weightman.

The trouble with the questionably obtained recording is, it’s inconclusive and smacks of a setup. I listened to the recording several times. It’s clear the Tire Works owner and Radetich have had friendly previous conversations. It’s also clear Radetich didn’t know she was being recorded.

That’s no defense of Radetich, who should have known better. But, more important, neither is it a criticism of the station’s Tire Works reports.

Remember, this all started because the station shadowed a state investigation into customer concerns at Tire Works that resulted in a complaint alleging “unlawful, unfair, and deceptive trade practices.” The stories were reported, written and edited by experienced veterans. The reports were vetted by the station’s lawyer, and Radetich had no access to any of it. The station gave Tire Works officials an opportunity to defend their positions and respond to the allegations.

KTNV General Manager Jim Prather says he stands by Spears’ reporting and Radetich’s reputation.

“We are not going to stop our investigative efforts,” Prather says. “We are going to continue to have Darcy do her investigative work along with doing consumer investigations by Tricia (Kean) and ‘You Ask, We Investigate’ stories by Nina. … We will continue to ask tough questions and try to hold people accountable.”

Just make sure it’s the right people, Gentile replies, noting the state has replaced its own attorney on the case and has admitted it sold the automobile used in its undercover sting.

With the state’s own expert under fire, is there a settlement in the works that might throw him under the bus?

“Unless and until the attorney general can reinstate the good reputation of Tire Works that they damaged by the way they handled this case, there won’t be any settling of anything,” Gentile says, declining to address the Radetich recording.

(Radetich is taking prearranged vacation time, Prather says.)

By not directly litigating against the TV station, Gentile might preserve his First Amendment credentials and pressure the mechanic Roques into crying uncle.

But wielding a legal billy club on a news source should send a chill up the spines of every reporter in Southern Nevada.

John L. Smith’s column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295. He also blogs at lvrj.com/blogs/smith.