Vol. 2,  No. 20          August 15, 2005

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		CRIMINAL DEFENSE JOHN E. OAKES, ATTORNEY AT LAW 1188 California Avenue, Reno, 775-324-6257 FREE CONSULTATION "Just Say No"	COPYWRITING PROFESSIONAL FREELANCE COPYWRITER AVAILABLE. OVER 40 YEARS EXPERIENCE PUBLICITY, PROMOTIONS, ADVERTISING D.M.LOCKE SERVICES 775-786-3525 8 A.M .- 4 P.M.

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Washoe DA Defeated On Appeal, Case Goes Back To Federal District Court

Botello Case Will Be Heard Again By Lower Court Following Decision By Ninth Appeals

Whistleblower Rene Botello will get another day in court following a decision by the Ninth Circuit Court of Appeals in his case against Washoe County District Attorney Richard Gammick. As a Sheriff's department investigator, Botello discovered that a nurse giving legal testimony and advice wasn't qualified to do so and took the information to Gammick. According to court testimony, Gammick threatened to never prosecute any case investigated by Botello effectively ending his career in law enforcement.

In Federal District Court, Gammick claimed absolute immunity because of his position as district attorney. Initially, the federal court upheld Gammick, but on appeal, a three-judge panel remanded the case back to district court for another hearing.

Gammick, apparently incensed over the ruling says he'll go to the Supreme Court with the case.

Botello is represented by the team of Diane K. Vaillancourt of Santa Cruz, California and Terri Keyser-Cooper of Reno. Vaillancourt has been quoted as saying the appeals court finding is the only logical one available to them.

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