On the same day a Reno judge dismissed claims that the Washoe County district attorney's office withheld evidence in her brother's sexual assault case, a Carson City woman on Friday filed a a wrongful death suit on his behalf.
Nolan Klein died a year ago after 20 years in prison following his conviction in the rape of a Sparks woman. Throughout his trial, appeals and incarceration, both Klein and his sister Tonja Brown maintained he was innocent.
Judge Pat Flanagan refused to order an investigation of prosecutorial conduct or to throw out the 1989 conviction ruling. He said he didn't find substantial evidence the DA's office violated any laws.
One piece that Brown argued should have been provided to the defense was a copy of a discover order with a prosecutor's handwritten notes indicating that an investigator had identified another man as a possible suspect. Flanagan said those notes are "work product" which would not be disclosed to the defense in a case.
In addition, Brown said cigarette butts that could have contained the rapist's DNA disappeared from the evidence despite Klein's motion to preserve all evidence.
Flanagan said in his order that sending the case to a grand jury as Brown had requested would amount to a fishing expedition.
Brown said Friday she is considering whether to seek reconsideration of her claims or appeal to the Supreme Court.
"We're going to appeal it no matter what," she said.
Brown said she filed the wrongful death suit against state officials because Nevada prison officials refused to provide her brother with proper medical care. The suit says they did so because he refused to admit to the crime "and all with the knowledge that Mr. Klein's medical conditions could be treated easily and without great expense and that failure to treat would result in death."
Klein suffered from several chronic conditions of the liver, blood and heart.
Brown said the goal is to get the case before a jury.
"This will be put to a jury trial and it will be for a jury to see and not the courts," she said. "It will be a retrial of Nolan's case."
The wrongful death suit seeks damages and names not only Director of Corrections Howard Skolnik but the members of the Board of Prison Commissioners Gov. Jim Gibbons, Attorney General Catherine Cortez Masto and Secretary of State Ross Miller.