Ex-assistant sues White Pine DA

Associated Press

RENO — A federal lawsuit accuses White Pine County District Attorney Kelly Brown of defaming and violating the civil rights of one of his ex-assistant prosecutors who says Brown forced her from her job in retaliation for blowing the whistle on alleged mismanagement of a county fund.

Former Assistant DA Kirsty Pickering accuses her old boss of bringing trumped up charges against her husband, which later were dismissed, denying her right to free speech and intentionally creating an “intolerable workplace” before she quit in May.

Her lawsuit filed in U.S. District Court in Reno says Brown engaged in “selective prosecution based upon his biases toward individuals and favoritism of friends and political supporters.”

Brown denied the allegations in court papers filed Feb. 7 by a lawyer for White Pine County, Rebecca Bruch of Reno. She said in an email to The Associated Press on last week that neither she nor Brown has any comment on the lawsuit seeking unspecified damages.

The case was reassigned Feb. 10 to U.S. Magistrate Judge Robert McQuaid because the previously assigned judge recused himself, noting he was once a partner in the law firm where Bruch works. Both sides have until March 24 to submit a discovery plan for a pending trial.

The dispute dates to July 2011, when Pickering learned of a “breach of security” in the White Pine County bad check account maintained by Brown, according to the lawsuit filed in November.

Acting as a citizen, Pickering said she approached two sitting district judges who urged her to persuade Brown to report the apparent theft from the account. She did so, and he reported it to the sheriff’s office but soon tried to have the deputies close the investigation, the lawsuit said.

The suit says the Nevada Division of Investigation took over the probe which “remains pending,” but Nevada Department of Public Safety spokeswoman Gail Powell said Wednesday that is not the case. She said in an email that the sheriff’s office had investigated the complaint, “so it did not need to be investigated again.”

Powell also said that because the case involved a district attorney’s office, it would have been more appropriate to refer it to the attorney general’s office for its public integrity unit to review for possible criminal charges.

Nevertheless, an audit conducted in January 2013 resulted in the account being transferred to the county treasurer’s office, the lawsuit said.

Pickering, who had been working in the office since 2007, said Brown became angry with her and exhibited a “lack of support and interaction as a supervisor.”
She alleges Brown’s malicious and “evil intent” became more evident in the months after the audit when her husband, Walter Rosevear, was knocked down by a sheriff’s deputy outside a bar and arrested on charges including resisting arrest.

Rosevear was leaving the bar when Deputy Alan Pederson followed him, grabbed him and “leg-swept him to the ground and began to battle” him, the suit said.
Pederson said he ordered Rosevear to halt for the purpose of a legal stop. But the suit says neither the bar’s proprietors nor others had requested the arrest and that when the owners specifically were asked, they indicated they didn’t want to press charges.
Rosevear spent 15 hours in jail before he was released on a $10,000 cash bond posted by his wife.

Citing the potential for a conflict of interest, Brown obtained the county commission’s permission to shift the prosecution to the state attorney general’s office. The charges later were dismissed without opposition from the deputy attorney general, the suit said.

Comments

  1. Its funny miss Pickering that you claim to be defamed maybe this is some of your on tactics being used against you .Iv dealt with you in a few court rooms in witch YOU LIED AND MADE SEVERAL STATEMENTS THAT WERE TOTALLY “””UNTRUE””” Your professionalism is very poor and your peers would agree , knowing how you operate only makes me laugh , Hopefully Kelly Brown will prove you wrong and put you in you place !

  2. Tonya Ogden says:

    I myself question the work and goings on at the DA’s office. My juvenile son was punched in the head by an adult, pictures were taken, as well as 11 witness statements but I could never get any answers, they never made any contact with me at all since it happened in March of 2011. I would call in every once in a while to see what was happening but could never get an answer. Recently I was told that it was closed by Kirsty because she didn’t feel there was enough evidence to do anything, say what? I am furious because it should have never been dropped, there was evidence to back up the case including cameras in the RPlace parking lot that could’ve been looked at. It makes it very hard for me to teach my child to obey the law or deal with the consequences and respect the law when they will let an adult walk free for assaulting him but they have prosecuted him for breaking a broken window in an abandoned building that just about every child in Ruth has thrown rocks at, including the reporting parties son! My son was sent away for that as well as when he attempted suicide because it is illegal in the state of NV. Apparently child abuse is legal in some cases. I guess you just have to be the right kind of victim to get justice. What really angers me is that I actively tried to find out information and to make sure they knew I wanted to follow through with the charges. NO ONE ever bothered to inform me of any decision although they had all my contact information, and now the Statute of Limitations has run out to even get justice through the legal system. Hmmm!!!

    • Ifwisheswerefisheswewouldalltakeaswim says:

      I am sorry you live in such a corrupt place I visited there last summer and found that both Ruth and Ely and McGill are horrible places to live its like there is more police there than there is citizens and still so much crime!! Most of it being committed by the officers them selves.. Someday the people are gonna get tired of being overrun and owned by such a corrupt system The police and da’s need to learn that they bleed the same color and we do and that they are not better then us just because they wear a badge or hold some kind of political office… God created us all equal and those corrupt individuals need to learn that!!! Me and My family will never visit your state again it is filled with so much sin and hatred its no wonder your three towns are going broke and have no legs to stand on…
      I pray for some sound answers for your family Tonya and Pray God Blesses you with a great future!!

  3. michelleellehcim says:

    Yayyyyyy. In life you sometimes realize some peoples true colors and you wonder if other people see them also. Thankyou John and Toyna and ifwishes. Maybe kristys lies will get the best of her on day or possibly just her karma

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