Nevada
In pro-choice Nevada, obscure law sends women to prison for late-term pregnancy loss – The Nevada Independent
Persistence Frazier was pregnant. However she didn’t need to be.
She took a being pregnant take a look at in February 2018. It was optimistic. She didn’t know the way far alongside she was — she had irregular intervals and her physique appeared totally different than throughout her earlier pregnancies. The furthest alongside she might have been was 4 months, she estimated.
The closest abortion middle to Winnemucca, the place she lived, was greater than two hours away. Frazier’s automotive was damaged, and she or he couldn’t discover a experience to Reno.
Then 26, she appeared to the web for residence cures for an abortion. She ate massive quantities of cinnamon every single day for the following month. She smoked marijuana each day. She lifted heavy objects.
On April 21, she had a stillbirth, or a being pregnant loss after the twentieth week, at her home. She wrapped the stays in a black bandana and positioned them within the arms of a monkey stuffed animal. She added a number of extra layers in a mesh bag earlier than burying the bundle within the yard.
She named the fetus Abel.
“[On] April twenty first at 2 am my life stopped. I used to be so scared and afraid. I didn’t know who to speak to. I didn’t know what to do I used to be so scared,” Frazier later posted on Fb with a photograph of a picket cross protruding of the bottom. “I’m so sorry Abel. I’m sorry I’m a horrible particular person I don’t need to proceed after what I did.”
Forty days after her stillbirth, Frazier was arrested. In simply over a 12 months, she was convicted and imprisoned.
Nevada is a firmly pro-choice state with the protections from Roe v. Wade enshrined in state regulation and the vast majority of Nevadans persistently polling in favor of reproductive rights. However it’s the one state within the nation that may imprison individuals for terminating a being pregnant beneath sure circumstances, in keeping with Laura FitzSimmons, the Carson Metropolis-based lawyer now representing Frazier professional bono.
Different state legal guidelines towards abortions goal anybody however the pregnant particular person.
Texas, for instance, permits non-public residents to sue anybody who “aids or abets” somebody searching for an abortion after six weeks — however not the particular person getting the medical process. An identical regulation in Idaho lets the mom, father and household of an embryo or fetus aborted after six weeks sue suppliers for at least $20,000 in damages.The Mississippi regulation difficult Roe v. Wade in a U.S. Supreme Court docket case revokes or suspends the medical licenses of medical doctors who carry out abortions after 15 weeks of being pregnant.
“Texas would not do it. Mississippi would not do it. The brand new regulation in Idaho — no one is throwing girls in jail for terminating their very own being pregnant,” FitzSimmons stated.
The regulation on the middle of Frazier’s case, NRS 200.220, makes it a felony for a girl to terminate her being pregnant with “any drug, drugs or substance, or any instrument or different means” after the twenty fourth week of being pregnant.
FitzSimmons is asking the Nevada Supreme Court docket to rule that it’s unconstitutional.
In authorized filings asking the court docket to listen to the case, she argues that the statute is obscure and discriminates primarily based on intercourse. She contends that the regulation, which was enacted in 1911, could possibly be exploited by politically minded sheriffs and district attorneys. FitzSimmons informed The Nevada Unbiased she thinks circumstances associated to the statute will enhance as abortion turns into much more polarizaring.
FitzSimmons illustrates these points with the story of Frazier, who’s the primary particular person recognized to be convicted beneath the statute. After taking on the case in 2020, FitzSimmons efficiently argued for Frazier’s launch from jail final summer time on a authorized technicality.
However the statute nonetheless hangs over Frazier’s head. If an enchantment of her launch succeeds, she is going to wind up again in jail, and on the flip facet, an unsuccessful enchantment will permit the state to recharge her beneath the statute or for different offenses.
“Except we get the statute declared unconstitutional, they will retry her,” FitzSimmons stated. “She’s going to need to undergo the entire nightmare once more.”
‘Why is that this unlawful apparently’
When Frazier discovered she was pregnant in February 2018, she didn’t know what to do. She was scuffling with melancholy and a historical past of being abused. She was afraid to lift one other baby on her personal, she stated in an electronic mail assertion despatched to The Nevada Unbiased via FitzSimmons.
Frazier’s previous few years had been full of monthslong stretches of homelessness, quite a lot of jobs and makes an attempt to get her GED certificates. She and her two sons lived in her automotive for 5 months earlier than a buddy supplied to allow them to dwell at their home outdoors Winnemucca. Quickly after shifting in, Frazier found she was pregnant. She didn’t inform anybody.
“I did not have assist from anybody so I needed to do lots alone and the stress I used to be beneath was horrible,” she wrote within the electronic mail. “I used to be simply attempting to make it via every day.”
Frazier stated she felt the identical advanced feelings throughout her earlier pregnancies, and she or he solely “tried” to have a self-managed abortion for a month after discovering out she was pregnant in February.
A couple of month after her stillbirth in April, Frazier’s babysitter known as the Humboldt County Sheriff’s Workplace to report the cross on the property the place Frazier was dwelling. Then she despatched them Frazier’s grieving Fb submit.
Two days later, detectives arrived with a search warrant. 4 armed narcotics investigators got here, too, as a result of the home was recognized for medication and as a stomping floor for felons, in keeping with court docket information.
Frazier was afraid and confused about what she had accomplished flawed to carry this many individuals to her door step.
“Why is having a miscarriage an issue?” she requested in a court docket transcript of the dialog. “Why is that this unlawful apparently?”
The detectives informed her they didn’t know the way far alongside she was and that there have been reporting necessities for a late-term miscarriage. Then they dug up the mesh bag beneath the cross within the yard and despatched it to Washoe County Crime Laboratory.
Dr. Laura Knight, Washoe County’s chief health worker and coroner, discovered “largely bones, a number of organs, and a few remaining leathery pores and skin” beneath a toy monkey and a black bandana, she later testified.
The post-mortem revealed the fetus was between 28 and 32 weeks previous and had traces of marijuana and methamphetamine in his physique.
On Might 30, Frazier bought a experience with detectives to the sheriff’s workplace, the place she informed them about how she tried to miscarry. She informed them she had researched on-line and located {that a} self-managed abotion was simply as authorized as going to a clinic for the operation, which she couldn’t do as a result of her automotive’s alternator went out.
She informed the detectives she didn’t need to “carry one other child into this world.”
“I’ve been at that time in my life the place truthfully if I used to be dying, I simply need to go. I don’t need to cease it,” she informed the detectives. “I’ve misplaced all the pieces and I’ve been struggling so exhausting, attempting my hardest for my youngsters and so they’re truthfully the one purpose I’m nonetheless alive or I’d have killed myself by now.”
On the finish of the questioning, detectives arrested Frazier for concealing a start, a gross misdemeanor, and manslaughter, a felony, via the abortion regulation.
Humboldt County Sheriff Mike Allen declined an interview, saying his workplace couldn’t touch upon an ongoing case.
As soon as the arrest hit native information, Frazier stated she was handled in a different way. She was chased out of shops. Folks known as her a “child killer” and threatened her life. Her public defender tried unsuccessfully to maneuver the case outdoors of Winnemucca, telling the court docket a “lynching-like environment hangs heavy over the Metropolis of Winnemucca.”
Frazier pleaded responsible to manslaughter in Might 2019, following her counsel’s recommendation, so the misdemeanor can be dropped and the state would counsel probation..
The choose as a substitute sentenced her to 30 months to 96 months in jail.
Help from medical doctors
FitzSimmons’ problem to the Nevada statute obtained an amicus transient from virtually a dozen organizations and medical professionals, together with the American Faculty of Obstericians and Gynecologists, Nevada State Medical Affiliation and the analysis group Mission SANA (Self-managed Abortion Wants Evaluation Mission).
The transient states that the majority medical associations oppose criminalizing the result of a being pregnant whatever the trigger and argues that doing so has “devastating, even life-threatening, penalties.” These penalties embrace stopping individuals from searching for medical care, subjecting them to social reproof and forcing them to bear “merciless and humiliating” investigations throughout medical crises.
“Punishing individuals for reproductive outcomes violates their basic rights by inserting punitive state proceedings into a number of the most intimate points of their lives and creating inherently discriminatory authorized requirements that punish individuals on the idea of their capability to develop into pregnant,” the transient reads.
The results of criminalizing being pregnant outcomes, the transient argues, disproportionately hurt individuals of coloration and low-income individuals. Due to well being disparities associated to race, Black girls particularly usually tend to expertise the stillbirths that might make them vulnerable to a cost beneath the Nevada regulation and usually tend to be arrested and convicted than white girls.
Punishing individuals for the results of their being pregnant undermines any intentions the state has of defending maternal and fetal well being and “defies tenets of sound medical follow, ethics and science,” in keeping with the transient. Even in states like Nevada that defend abortion rights, the transient argues, guaranteeing individuals can safely self-manage abortions is vital.
‘A complete miscarriage of justice’
FitzSimmons stated she realized in regards to the case after Frazier had spent greater than a 12 months in jail.
The lawyer was a part of the group that led the cost to codify the Roe v. Wade protections in Nevada regulation in 1990. Many members of that very same group, together with new generations of advocates, began assembly in 2020 to attempt to make abortion extra accessible within the state.
To get her abortion, Frazier would have needed to drive greater than two hours and pay a minimal of $1,740 — money solely — on the solely clinic in Reno that gives abortions after 10 weeks of gestation.
When a Deliberate Parenthood worker informed FitzSimmons about Frazier, FitzSimmsons determined to take the case professional bono to attempt to free Frazier — and problem the regulation.
FitzSimmons argued in a Might 2021 listening to that Frazier’s public defender didn’t correctly perceive that his shopper would have needed to know that her fetus was greater than 24 weeks for her to violate the statute. As a result of Frazier didn’t know, the responsible plea he satisfied her to take was invalid, FitzSimmons stated.
The Humboldt County District Legal professional’s Workplace disagreed. The deputy district lawyer stated the plea and the general public defender’s counseling of Frazier had been legally sound.
“[Frazier’s] plea on this case was freely, figuring out and voluntarily made, and to counsel in any other case is an abuse of discretion and is opposite to what the District Court docket had beforehand held,” the state wrote in court docket paperwork.
FitzSimmons additionally argued that the state wanted to show that Frazier’s actions induced the stillbirth. Though the methamphetamine present in Frazier’s fetus is related to miscarriages, no professional witnesses, together with Washoe County’s health worker, might decide that Frazier’s use of methamphetamine or any of her different actions induced her stillbirth.
“There isn’t a scientific proof to assist any informal affiliation between any of her behaviors throughout being pregnant (together with the taking of cinnamon) and this consequence,” reads a report from FitzSimmons’ witness Dr. Mishka Terplan, an OB-GYN and dependancy drugs doctor. “Though the precise causes for the loss are unsure, her loss will not be associated to her actions or behaviors. Statements on the contrary reject each science and compassion.”
The state didn’t dispute that it was unimaginable to find out what induced Frazier’s being pregnant loss.
One out of each 160 pregnancies finish in a stillbirth every year, in keeping with the Facilities for Illness Management and Prevention. The amicus transient from the medical associations states that as much as 66 % of stillbirths have inexplicable causes and famous that courts require “a stage of certainty that science is just unable to supply.”
The choose dominated in Frazier’s favor, calling the case “a complete miscarriage of justice” and releasing her in July 2021 from the Las Vegas jail the place she was held for 2 years. Nonetheless, the punishment already had severe penalties in her private life.
Frazier had met and married a person earlier than she was sentenced. They had been hoping for probation, she stated in an electronic mail, however the jail sentence took a toll and ended the wedding, although he continued watching her kids till her launch. Whereas she was in jail, she stated one in every of her kids was “bullied and harassed” at school and shops.
“After I was launched from [prison], I had 2 youngsters and one in every of my cats ready for me. However no husband,, no residence, no mates, nothing. I used to be not welcome in the neighborhood,” Frazier wrote within the electronic mail. “I misplaced virtually all the pieces I had.”
‘A minefield in Nevada’s trendy pro-choice panorama’
At a listening to the day of Frazier’s launch, the deputy district lawyer declined to element how the state deliberate to maneuver ahead with the case. He stated his workplace wished to “depart all of their choices open, together with recharging her.”
Each FitzSimmons and the choose discouraged the state from pursuing an enchantment or recharging Frazier.
“I simply suppose by way of the quantity of effort that you might want to expend to quantity an enchantment to the Nevada Supreme Court docket goes to eat up an entire bunch of sources that you might use to prosecute some people who find themselves way more evil and way more screwed up than Persistence Frazier,” stated Choose Charles M. McGee.
The state formally appealed in February. If the state wins, Frazier must full the jail sentence from her responsible plea. If the state loses, Frazier’s responsible plea will stay erased. With out the plea, the district lawyer can recharge her beneath the statute, for concealing start or every other offense and attempt to take the case to trial.
Humboldt County District Legal professional Michael Macdonald declined to reply questions in regards to the case — together with why the state was pursuing an enchantment or contemplating a recharge after Frazier already served a extra extreme punishment than the state’s authentic advice of probation. He cited an expert conduct rule about not making public statements relating to ongoing circumstances.
In her request to the Nevada Supreme Court docket, FitzSimmons wrote that the state controls Frazier’s future — and the way forward for different girls who will be prosecuted for his or her being pregnant outcomes — till the court docket guidelines that the statute is unconstitutional. That management, she argues, could possibly be a weapon for politically minded officers.
“[The statute] is a minefield in Nevada’s trendy pro-choice panorama,” FitzSimmons wrote within the transient. “It’s inexplicit: rendering it exploitable by regulation enforcement and prosecutors and jurors who’re against abortion.”
FitzSimmons informed The Nevada Unbiased that she can be representing a lady in a distinct rural county whose case includes the statute.
Beginning over
Frazier and her kids now dwell out of state. She stated she works two jobs she loves, and she or he’s in an amazing relationship. She owns her automotive and virtually owns her residence. She has her 7-year-old cat and a pet.
“I nonetheless am scuffling with my melancholy, sometime are more durable then others,” she stated in an electronic mail. “However I’m glad and my youngsters are glad and wholesome.”
Frazier stated she nonetheless doesn’t perceive how what she did was unlawful. She continues to obtain threats and “child killer” feedback.
Frazier stated that if she had been to return to jail, it could take away all the pieces she’s labored for and would spoil her kids’s lives. She stated she doesn’t imagine she might “mentally deal with” returning and dwelling via the nightmare once more.
“I’m lastly in a extremely good spot in my life and having all the pieces I’ve been working so exhausting in direction of taken from me once more would kill me,” she stated in an electronic mail. “I’ve misplaced the general public I’ve ever known as a buddy, [I’ve] misplaced somebody that I really beloved and members of the family. I really do not suppose I might deal with doing this yet again.”
Nevada
Dams in quake-prone Nevada are vulnerable. Near Tahoe, the state is shoring one up – Carson Now
By Amy Alonzo — Dwarfed by drought, the warming climate and other, more immediate environmental threats, earthquakes aren’t at the forefront of most Nevadans’ minds.
But through the mid-20th century, Nevada was known as an earthquake state. While the state has experienced few sizable quakes since then, recent temblors have caught the attention of those who monitor earthquakes.
On Dec. 5, waves of water in the cave that houses rare Devil’s Hole pupfish in Death Valley National Park sloshed nearly 2 feet high after a 7.0 magnitude earthquake struck off the coast of California.
Just four days later, a 5.8 magnitude quake struck on an unnamed fault between Yerington and Silver Springs, shaking Northern Nevada and sending objects flying in some buildings.
Neither of the earthquakes resulted in any substantial damage — the California earthquake was too far offshore, while the Nevada quake had its epicenter in a remote area — but they are reminders that seismic activity could result in significant damage to the state’s aging infrastructure. It’s why state officials are proactively shoring up some of Nevada’s oldest earthen dams that, if shaken to the point of breaking, could cause water supply contamination for tens of thousands of people and deadly floods.
Earthquake magnitude is measured on a scale of 1 to 10, with damage starting to be visible around magnitude 5; by magnitude 6, buildings could see structural damage requiring repairs. Nevada experiences about one magnitude 6 earthquake per year, said Christie Rowe, director of the Nevada Seismological Laboratory at the University of Nevada, Reno, but almost always in a remote portion of the state.
If a magnitude 6 or greater earthquake were to occur in Las Vegas, Reno or another densely populated portion of the state, “there’s going to be a lot [of] impact,” Rowe said.
In the case of the recent earthquakes with epicenters in Yerington and off California’s coast, urban areas such as Reno were “pretty lucky,” Rowe said. “If either one had happened in a city, it would have been bad news.”
Inspections around the epicenter of the Lyon County earthquake revealed cracks in irrigation ditches and collapses on the banks of the Walker River but no damage to roads or bridges.
The quake was also a reminder to officials of the state’s seismic history and the need to beef up some of the hundreds of dams across Nevada, most constructed in the days before statewide engineering standards and made of dirt and other natural materials.
Damage from earthquakes is “definitely a concern,” said Keith Conrad, chief of dam safety at Nevada’s Division of Water Resources.
The state recently received federal funds to upgrade the dam at Marlette Lake, one of the oldest dams in the state. Marlette Lake perches on the rim between the Lake Tahoe Basin and Carson City, a popular mountain biking and hiking destination renowned for its fall colors and views down to Lake Tahoe. Its reservoir, restrained by an earthen dam estimated to be more than 150 years old, serves as the water source for multiple Northern Nevada counties and cities.
The state purchased the lake and its surrounding land in 1963, but now its aging infrastructure, combined with its location in an area of high seismic activity, makes it a “high hazard dam.” Annual inspections of the dam indicate a “high probability” of a breach if an earthquake of 6.5 magnitude or greater were to occur. If it breached, it could easily flood State Route 28, which runs between the dam and Lake Tahoe, and, with a sewage pipe running beneath the highway, damage to the highway could release sewage and debris into Lake Tahoe.
The seismic retrofit being done at Marlette should cover a lot of vulnerabilities that could affect the lake, caused by earthquakes or other events, Rowe said.
“If they know that dam is vulnerable, I’m really glad they’re doing preventative work,” she said. “It’s going to be way less expensive than if the dam failed.”
High hazard dams and federal emergency declarations
In 1915, the state experienced its largest earthquake, a 7.3 shaker near Winnemucca.
But there has been little high-magnitude shaking in urban areas since 1960, the exception being a magnitude 6 earthquake in the Wells area in 2008. But earthquake faults are still being discovered across the state (the Yerington-area quake occurred near no known faults) and there is still serious potential for earthquakes, especially in western Nevada.
In Lake Tahoe, there are multiple major fault lines that run beneath the lake, Rowe said, and the area is considered at high risk for earthquakes. While the state has been relatively free of any large quakes during the last few decades, Nevada has had the third most frequent number of large earthquakes in the last 150 years.
Lake Tahoe was created by seismic activity — earthquake faulting caused a portion of the mountains to drop, creating a giant bowl, and volcanic deposits dammed the bowl on its north side.
About 5,000 years ago, Lake Tahoe’s west shore experienced an earthquake large enough to produce a tsunami — and a tsunami-producing fault in the basin is overdue for an earthquake, scientists said more than a decade ago at an annual meeting of the American Geophysical Union.
Earthquakes occur every 3,000 to 4,000 years along the West Tahoe Fault that runs from beneath the lake up to the Echo Summit area. That fault last saw a major quake 4,500 years ago. The Incline Fault, located in the northeast portion of the lake, saw a quake of roughly magnitude 7 about 575 years ago.
During earthquakes, concern first focuses on injury and loss of life, said Rowe. But after that, effects to basic services and communications are of utmost concern, she said.
“The resilience of a community relies on the resilience of the water supply and the food supply,” she said. “It can take days or weeks to restore those kinds of services.”
It’s that focus on infrastructure that prompted the state to apply for a $10 million federal grant to upgrade Marlette Lake Dam to reduce the risk of a dam breach during an earthquake. The Federal Emergency Management Agency (FEMA) agreed the dam, listed as “high hazard,” warrants the work and issued the funding.
Nevada’s Division of Water Resources, the department Conrad staffs, oversees about 660 dams across the state; additional dams, such as those operated by the Bureau of Reclamation, Army Corps of Engineers and Bureau of Indian Affairs, do not fall under the division’s purview.
Few are concrete or rock masonry dams — most are earth embankment dams. Many of them are part of stormwater detention basins in Las Vegas or are small, privately owned structures used for irrigation in rural portions of the state (nearly half of the state’s dams are privately owned) but some are larger and in areas that could have substantial downstream effects if they failed, such as the dam at Marlette Lake.
The dams are categorized into “low,” “significant” and “high” hazard by how catastrophic their failure would be on downstream residents and infrastructure. While failure of low hazard dams are unlikely to have any substantial economic effects or cause death, failure of significant hazard dams are likely to cause substantial economic effects; failure of a high hazard dam is likely to lead to death.
Nearly a quarter of state-monitored dams, primarily in the Reno/Tahoe and Las Vegas areas, are considered “high hazard.” (The designation does not reflect the safety or condition of the dam.)
Nevada didn’t start regulating dams until 1955; “anything prior to that, we don’t know a whole lot about these dams, and chances are they were never engineered,” Conrad said. When it comes to Marlette Lake’s dam, built nearly a century before the state started regulating dams, “Who knows what techniques they used to build it. There’s a big old question mark on that portion of the dam.”
But the general state of dams within Nevada is pretty poor, Conrad said.
A 2018 report from the American Society of Civil Engineers ranked Nevada’s dams with a lowly grade of “D+” or “Poor: At Risk.”
A separate report issued by the National Inventory of Dams in 2023 echoed the 2018 findings, with the condition of the bulk of the dams included in the report listed as “fair” or “poor.”
“It’s hard to say exactly what the likelihood of failure is,” Conrad said.
In 2003, the state began drafting emergency action plans for all high and significant hazard-rated dams in the state.
“We are kind of ahead of the curve” compared with some other states, Conrad said.
Those plans have been activated occasionally, Conrad said, such as earlier this year at Angel Lake near Wells when cracks were found in the roughly 150-year-old dam. The seeping cracks created sinkholes on top of the dam, complicating repairs.
There has never been a federal emergency declaration in Nevada because of a dam failure in the state, but Nevada has seen multiple dam failures throughout the years.
The earliest documented dam failure in Nevada occurred in 1876, when an irrigation dam across the Humboldt River 22 miles east of Battle Mountain failed, releasing a large volume of water through the canyon and flooding several downstream ranches.
In 1955, an intense December storm dropped between 10 inches and 13 inches of rain in Northern Nevada, causing flooding along the Walker, Carson and Truckee rivers. Derby Dam on the Truckee River failed, and Hobart Dam outside Carson City failed and released water that severely damaged U.S. Route 395. Nearly $4 million in damages (roughly $44.2 million in 2022 dollars) was incurred and one person died.
Hobart Reservoir, also part of the Marlette Lake Water System, is next on the state’s list of dams to be repaired with federal funds, Conrad said.
— This story is used with permission of The Nevada Independent. Go here for updates to this and other Nevada Independent stories.
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Nevada
Air Force Veteran Tells the Story of Hidden Health Risks at Nevada Test Site
Dave Crete was sitting around with some fellow Air Force veterans he worked with almost three decades prior on the Nevada Test and Training Range when they broached the topic of tumors.
It was an unexpected conversation among the eight, but an enlightening one, said Crete, who found out six of his former crewmates had undergone tumor removal procedures. The Las Vegas resident said doctors had found more than 20 lipomas on him, including one that was the size of a grapefruit and surgically removed from his back.
The issues even extended to their families, with wives becoming sick, reporting multiple miscarriages or giving birth to children with defects or illnesses, Crete said.
He discovered the common thread between all these medical complications was exposure to radiation while working at the Nevada Test and Training Range.
Though veterans can usually get benefits to help with costs assumed from injuries related to service, Crete and many of his former crewmates can’t because their jobs were classified, meaning they can’t prove to the government that they were exposed to radiation.
Now, he’s working with federal lawmakers and producing a documentary to raise awareness about this group of impacted veterans.
“Our challenge is this: We’re a group of people that exists that nobody knows about, that nobody knows what we did, and nobody knows about where we worked,” Crete said. “It’s the only way I could figure out to effectively tell people our story and let them see it because there’s no Twin Towers; there’s no plane crash; no ship (got) sunk; there’s nothing to tie our story to, and so we have to create it, and that’s what we’ve been doing, creating a vehicle, if you will, to help us tell our story.”
Crete began the work in 2023 after forming his nonprofit The Invisible Enemy, a Las Vegas-based organization advocating for the thousands of military personnel that worked on the Nevada Test and Training Range and have been affected by exposure to toxic radiation.
The 2.9-million-acre Nevada Test and Training Range — formerly the Nevada Test Site — was established northwest of Las Vegas after World War II as a military testing site for nuclear weapons and now serves as “the largest contiguous air and ground space available for peacetime military operations,” according to Nellis Air Force Base.
Many people commonly refer to part of the range as Area 51, rumored to house top-secret U.S. military equipment and operations.
Crete worked at the Nevada Test and Training Range for four years, ending his service in 1987. He remembers testing being done near the gate where he was stationed. At the time, he and his crew members “didn’t know that’s what you could see,” he said, and were completely unaware of the issues that would follow them due to radiation exposure even when their service ended.
Crete said he would usually work for days at a time — sleeping, eating and drinking water while on the test site — and then go home to his wife, unknowingly bringing his contaminated clothing to be washed.
After discovering at the reunion how many veterans from the Nevada Test and Training Range ended up sick, Crete went digging for answers and found an environmental assessment of the Tonopah Test Range dated December 1975. It was conducted by the Department of Energy and Sandia National Laboratories.
The 89-page document stated that “The impacts of normal operation of the Tonopah Test Range consist of scarring of the land by roads and shrapnel impact, the use of resources and energy, noise, debris, some scattered toxic or radioactive materials, and economic effects on nearby communities.”
Three areas of the test site had been contaminated with plutonium from tests carried on in 1963, but the report stressed that “there is no indication of migration of this surface contamination outside the (site’s) fence, let alone outside the Range; nor is there any indication that this plutonium has entered significantly into local biological systems or food chains.”
“What they decided was that the benefits to national security, the benefits to having a prolific nuclear force, outweighed the future environmental liabilities … the government decided that the juice was worth the squeeze, and none of us knew,” Crete said. “You just never thought that the government would have actually put you somewhere knowing that eventually there was a good chance you were going to end up sick.”
Crete said he had since been in contact with “hundreds and hundreds” of veterans, with more than half reporting some sort of serious health condition among them or their families.
To raise awareness of the plight these veterans have faced, Crete decided he wanted to create a movie. He made an account on film industry website IMDb and began emailing those who were affiliated with projects like the 2023 “Oppenheimer” movie and the 2023 “Downwind” documentary.
He eventually received a response from a camera operator for “Downwind,” who connected him with the documentary’s directors, Mark Shapiro and Douglas Brian Miller. Crete then hired Backlot Docs — the feature documentary production company co-founded by Shapiro and Miller — to create the film.
“The Invisible Enemy” first fundraiser took place in late 2023 and filming began the same year to produce an 11-minute short titled “The Invisible Enemy: Hidden Sacrifice.” It took them three months from conceptualizing to completing the documentary, Crete said, and was uploaded to YouTube this past June.
Crete’s activism hasn’t stopped there.
The Invisible Enemy organization has been working with lawmakers, like U.S. Rep. Mark Amodei, R-Nev., to craft legislation that would help those exposed to radiation at the Nevada Test and Training Range get medical benefits.
On Sept. 16, 2024, Amodei and U.S. Rep Susie Lee, D-Nev., introduced the Presumption for Radiation or Toxin Exposure Coverage for Troops (PROTECT) Act in the U.S. House of Representatives, which would have provided medical care for veterans exposed to radiation and other toxins at the Nevada Test and Training Range by setting a “presumption of exposure” to these toxins starting in 1972.
The bill would have established that anyone who worked at the Nevada Test and Training Range during or after 1972 was presumably exposed to radiation or other toxins. It would cover those not included in Executive Order 13179, which was signed by former President Bill Clinton in 2000 to compensate civilians, their survivors and Department of Energy employees exposed to radiation.
“A quick look at the facts shows that this group of veterans were in serious need of additional support as a result of their service,” Amodei said in a September statement. “As with every veteran, those serving at (the test site) during the determined time frame are entitled to care for illness and injury sustained in the line of service to our nation. I’m glad to lead the charge on this and will continue to push until this change is actualized.”
The House proposal never came to a vote and died with the end of the 118th Congress. It would need to be reintroduced in the new session of Congress.
Crete, who travels to Washington every few months to advocate for the cause, believes they’ll be granted a hearing by Congress this year.
U.S. Rep. Dina Titus, D-Nev., in 2023 introduced the Providing Radiation Exposed Servicemembers Undisputed Medical Eligibility (PRESUME) Act to support veterans exposed to toxic radiation by prohibiting the secretary of Veterans Affairs from requiring evidence of a specific dose of radiation to determine whether someone is a radiation-exposed veteran.
Under the Radiation Exposure Compensation Act (RECA) established in the 1990s, civilians who contracted cancer and other specific diseases from exposure to radiation can receive compensation without having to go through testing required by the Veterans Affairs, said Shane Liermann, deputy national legislative director for the nonprofit organization, Disabled American Veterans.
A veteran must provide proof of on-site participation, radiation dose estimates from the Defense Threat Reduction Agency and a medical opinion supporting that their disease was caused by radiation exposure to receive entitlement for what Veterans Affairs considered “presumptive diseases” caused by radiation exposure.
But Crete claims that he and other veterans working at the Nevada Test and Training Range can’t even prove they were there due to their classified work, which leaves them unable to get any federal support.
Titus, in a statement, said “radiation dose estimates have historically been unreliable, leaving many exposed veterans unable to obtain the compensation they have earned.”
“In the course of their service, like anyone on the battlefield, veterans at the Nevada Test Site put themselves in harm’s way in service to our country. We cannot continue to leave any of them behind. The bureaucratic barriers to care could be easily fixed through my legislation,” Titus in 2023. “Our country’s atomic veterans helped win the peace during the Cold War, and they must be able to access the highest standard of care available.”
Titus’ bill was last referred to the Subcommittee on Disability Assistance and Memorial Affairs on Nov. 8, 2023. It never came to a vote.
Crete’s next moves will be to continue working with Nevada’s congressional delegation to draft and introduce legislation and create a full-length documentary for “The Invisible Enemy.”
He’ll show the short documentary at film festivals in Santa Fe, New Mexico, and New Jersey in the coming months. Meanwhile, filmmakers continue to gather footage for the longer feature.
The Invisible Enemy is also accepting donations on its website and fundraising through film showings in cities like Cleveland and New York. Crete said he would “speak to anybody and everybody that will listen, so I can tell our story, so that we can get the men and women what they need.”
“We all understand there’s risk, but it’s not reasonable to think that you’re going to be stationed out in the desert in Nevada and have a life-threatening illness, simply because that’s where you slept at night. And that’s what we’re trying to recognize and have the government recognize,” Crete said. “We got to participate in the coolest thing going that the military had, and I believe that there is a way to tell the story of this group of people and what they did and what we accomplished without violating our security. But it’s a story I just truly believe needs to be told, the good and the bad.”
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Nevada
Stanford loses commitment from Nevada OL Tyson Ruffins
Back on December 21st, Stanford football lost a commitment from Nevada transfer offensive lineman Tyson Ruffins, who announced on X (Twitter) that he was committing to Cal instead. Ruffins is a talented offensive lineman who is coming off a strong redshirt freshman season for the Wolfpack, making his loss significant for the Cardinal.
Ruffins has since deleted his tweet signaling his commitment to Cal while his commitment tweet to Stanford has stayed up. This has created some confusion of as to what his status is with respect to both Stanford and Cal. While I cannot speak for the Cal side of things, I can confirm that Ruffins has not flipped his commitment back to Stanford.
Stanford has since been looking to find other offensive line prospects who can take the spot that Ruffins was originally going to have. They were able to add one today in Georgia Tech transfer Kai Greer, who once verbally committed to Stanford as part of their 2024 class before flipping to Arkansas and then later flipping to Georgia Tech. Stanford extended an offer to him shortly after he entered the transfer portal at the end of December. I’ll share more thoughts on Greer in a separate article, so stay tuned for that.
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