Boys Ranch case may be too big for county
Current resources can't handle scope of death inquiry

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By Dennis Wagner
The Arizona Republic
July 9, 1998

Three months after Nicholaus Contreraz collapsed and died in the hands of Arizona Boys Ranch employees, Pinal County Attorney Robert Carter Olson says he doesn't know whether charges will be filed, against whom, or what the crime will be.

Why? The case may just be too big for Pinal County.

"This is beyond our current resources to investigate," Olson said. "It is a really massive undertaking. We are still trying to define the limits. This has gone beyond a death in March to even something more substantial."

Olson confirmed that his office is reviewing not only the Contreraz case, but 25 allegations that followed. It is also looking at abuse complaints that were substantiated by Child Protective Services investigators four years ago but never submitted for prosecution.

Olson said the undertaking involves more than 85 interviews with witnesses, many of whom have "scattered to the winds." It means poring over thousands of pages of Pinal County sheriff's records, state Department of Economic Security files, coroner's reports and other documents.

All of that work is being done by one person -- Assistant County Attorney Jana Vanderpool -- without even the help of an investigator.

"She's on her own," Olson said. "Can one person handle this whole thing? No."

While the state Attorney General's Office might normally be asked to take over such a case, Olson said that appears impossible due to conflicts.

For one thing, the top criminal-trial lawyer in Grant Woods' office, Kent Komadina, is a member of the Boys Ranch advisory board and serves as "law-enforcement liaison."

For another, the attorney general represents DES in a lawsuit filed by Boys Ranch.

So Olson is asking the Pinal County Board of Supervisors for additional staffing to cope with the case. And he's applying to the Arizona Prosecuting Attorneys' Advisory Council for funds.

He said his office has 30 lawyers and one investigator -- enough to handle 1,100 felony cases annually. Instead, the office has 1,500 cases and a homicide rate that has tripled in recent years.

Olson emphasized that there is no certainty anyone will be prosecuted for Contreraz's death.

If arrests are made, however, the charges could range from negligence to child abuse to homicide. And the defendants could include Boys Ranch employees, administrators or the non-profit agency itself.

"One of the things that needs to be evaluated is whether or not there is liability with the enterprise," Olson said. "It is possible to prosecute a corporation for a crime."

Bob Thomas, president of Boys Ranch, declined comment on the criminal case.

Olson said the 1994 abuse complaints, which were substantiated by CPS investigators, may be important to prosecutors if they establish a pattern. He said none of those cases was submitted to his predecessor by sheriff's investigators or CPS, and he cannot explain why. However, because the statute of limitations on child abuse is seven years, charges may still be filed.

Olson said he's been kept busy answering people who want to know why no one has been arrested in the case. Charges could be filed against some suspects now and others later, Olson said, adding that Contreraz deserves complete and thorough justice.

Olson said he has not met with Boys Ranch officials or their lawyers. The 49-year-old organization has a history of political support from lawmakers and at least two former governors, but Olson said there has been "zero" pressure from Boys Ranch backers.

***

Dennis Wagner can be reached at 444-8874
or at [email protected] via e-mail.


Copyright 1998 The Arizona Republic



Justice for Nicholaus: Too much for Pinal County prosecutors?

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One hundred twenty days
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Sheriff's initial incident report
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Case may be too big for Pinal County prosecutors
History of abuse known by state
Time to keep the kids in California
Nurse wants her name cleared in death of NicholausOne dead kid isn't enough???
Justice for Nicholaus

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