Vol. 2,  No. 17          July 1, 2005

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CRIMINAL DEFENSE
JOHN E. OAKES, ATTORNEY AT LAW
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Washoe District Attorney Told Must Face Federal District Court
Appeals Court Denies Gammick Allegations: There Is No "Immunity"

Claiming he had immunity from prosecution because he was acting within his position as a prosecutor didn't hold up to the scrutiny of the Ninth Circuit Court of Appeals and Washoe County District Attorney Richard Gammick must face Federal District Court action.

A former Washoe County Sheriff Deputy claimed that Gammick retaliated against him and swore that he would never prosecute any case brought to him. That allegedly took the investigator out of the law enforcement field. Former detective Rene Botello's charges will be heard in Federal District Court said lawyer Diane Vaillancourt.

Gammick said he was angry with the court's order. Botello was a sexual assault investigator when he learned a nurse with the Child Abuse Response and Evaluations program had made indisputably wrong claims when testifying as an expert witness in a case. Three outside physicians agreed with Botello when the case was reviewed.

Botello brought that information to Gammick who refused to move on the case and got angry with the investigator. Botello says he now is almost unemployable because of Gammick.

There is no court date at this time.

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