Bad news today for Mary Kincaid-Chauncey.
For a second time, the 9th U.S. Circuit Court of Appeals has denied her appeal of her corruption case.
The first appeal was denied in February and she quickly asked for an en banc hearing on Feb. 20. The three-judge panel rejected that request this morning.
The court had previously upheld the former Clark County commissioner’s conviction of conspiracy, wire fraud and extortion.
The appellate court rejected her arguments that she was denied the right to a fair trial by U.S. District Judge Larry Hicks. Kincaid-Chauncey wanted to put a string of politicians on the stand to deny that they had taken bribes from topless club owner Michael Galardi to bolster her denial amd the judge refused to allow it. Her attorney also wanted a jury instruction saying the government had to prove a quid pro quo, that she took the money and intended to work on Galardi’s behalf and the judge rejected that instruction. The appellate court upheld both of Hicks’ rulings.
Since her release from federal custody in March, Kincaid-Chauncey has given interviews proclaiming her innocence, claiming she was convicted because she was tried along side ex-commissioner Dario Herrera, a man who put the sleaze in sleazeball.
However, some of her statements are simply not true.
One jaw-dropper of a whopper:
Her claim that Hicks instructed the jury “that if one was guilty, both were guilty.”
He didn’t, nor would he ever. It's patently and provably false.
And that’s not the only whopper she’s told the news media recently as she revises history.
I set the record straight in Thursday's column.