om-Whittemore-Peterson-Institute-case-after-disclosing-campaign-funds
Judge recuses self from case after disclosing campaign funds from Whittemor=
e
Written by Martha Bellisle
6:21 PM, Mar. 15, 2012
The judge overseeing a lawsuit filed by the Whittemore Peterson
Institute for Neuro-Immune Disease against a fired researcher recused
himself from the case Thursday over concerns about a $10,400 campaign
contribution from embattled lobbyist Harvey Whittemore.
But Whittemore said Thursday that he has nothing to do with the
institute and attempts to tie him to the medical center are =93unfair
and inappropriate.=94
=93It is a nonprofit founded by my wife, Annette,=94 Harvey Whittemore
said in a telephone interview. =93It has been supported by Annette and I
over the years, but it=92s an absolute sham to say we have anything to
do with the lawsuit. It=92s a separate entity.=94
The institute made world headlines in 2009 when researcher Judy
Mikovits lead a team that discovered a new retrovirus that could help
treat chronic fatigue syndrome. But the research was discredited last
year, and Mikovits lost her job.
The institute sued Mikovits after she took materials when she left and
refused to give them back, he said.
Whittemore declined to comment about the grand jury hearing on
Wednesday examining his campaign contribution activities. No
conclusion of the grand jury=92s work had been filed by late Thursday.
The institute case will now be randomly assigned to a new judge, said
Whittemore=92s lawyer, Ann Hall.
Dennis Jones, Mikovits=92 lawyer, declined to comment on the recusal
decision by Washoe District Judge Brent Adams. But Scott Freeman, who
is representing Mikovits against the criminal charges filed against
her, praised the judge=92s decision.
=93This is a very good thing,=94 Freeman said. =93All of the previous
rulings will have to be re-examined.=94
Adams had signed a default judgment against Mikovits last month,
saying she failed to comply with his order to return all of the
materials.
=93She gets to start all over again,=94 Freeman said.
Adams surprised the lawyers in the case on Wednesday during a damages
hearing when he reported that he had received contributions from
Whittemore, his business Red Hawk Land Co. and his two sons in 2008.
Given the recent media reports about the FBI investigating
Whittemore=92s campaign contribution activities, Adams said he was
considering stepping down over concerns about =93the appearance of
impropriety.=94
Adams told the lawyers that he needed to disclose the funds to ensure
=93integrity=94 in the judicial process, and to allow them to decide
whether they wanted him to continue to oversee the case.
But Adams changed his mind and took himself off the case Thursday
after the Reno Gazette-Journal reported that Mikovits had been paid in
2006 and 2007 by Whittemore=92s company, the Wingfield Nevada Group,
which also contributed to his campaign.
The institute=92s lawyer, Ann Hall, had told the judge on Wednesday that
Harvey Whittemore was not involved with the institute, but a document
Hall filed in January showed Wingfield had paid Mikovits=92 salary
during a period that Whittemore owned Wingfield.
Whittemore is no longer involved in the company, and is being sued by
its new owners who say he embezzled company funds. Whittemore denies
those claims.
Adams said that after he confirmed the newspaper=92s report about
Mikovits=92 salary, he decided to step down.
=93I believe that my further participation in this case creates the
appearance of impropriety,=94 Adams said in his order. =93Therefore, I
recuse myself as the presiding judge.=94
While the institute goes after the Mikovits documents, the Wingfield
Nevada Group, now owned by Tom and Albert Seeno Jr., has sued the
institute to recoup funds it says it is owed.
The Wingfield company filed two lawsuits in October against the
institute. They were consolidated into one case and are now before
Washoe District Chief Judge David Hardy. They say that the institute
received managerial and administrative services worth $1.3 million as
well as $442,915 worth of aircraft use from Wingfield, but did not
repay the funds.
Hardy said that since becoming a district judge, he has =93neither
solicited nor accepted any campaign contributions,=94 and said he would
remain the presiding judge on these lawsuits. In campagin contribution
reports, Hardy reported no donations.
He agreed with Judge Adams=92 decision to step down from his case.
=93I have absolute confidence in Judge Adams=92 intellectual honesty and
impartiality,=94 Hardy wrote in an email. =93However, in light of the
current circumstances, the campaign contributions could raise a
question about the perception of Judge Adams=92 impartiality. I
therefore agree with Judge Adams=92 recusal decision.=94
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