Tuesday, April 27, 2004
Copyright © Las Vegas Review-Journal

COUNTY COMMISSION: Political corruption trial postponed

Kincaid-Chauncey intends to move forward with re-election campaign

Mary Kincaid- Chauncey County commissioner under indictment in corruption case Vonne Chowning Democratic Assembly- woman challenging Kincaid- Chauncey in primary Tom Collins Democratic Assembly- man challenging Kincaid- Chauncey in primary

A federal judge on Monday ensured Mary Kincaid-Chauncey's election challengers will have lots of ammunition in their bids to oust the Clark County commissioner.

Kincaid-Chauncey is the only serving politician under indictment in a federal political corruption case that also ensnared three of her former colleagues on the commission. She hoped a speedy trial this summer would clear her name before voters went to the polls.

But the trial will not begin Aug. 12 as planned, U.S. Magistrate Judge Lawrence Leavitt said Monday. Defense attorneys will need months to review mountains of evidence, including thousands of hours of recorded telephone conversations.

A new trial date, likely in 2005, will be scheduled in the next few days.

Kincaid-Chauncey said Monday that she intends to move forward with her campaign for a third term despite the setback.

"I know I'm innocent, and I will run based on that," she said. "I know the other candidates are going to use every means available to win the election. I expect it to get nasty."

Kincaid-Chauncey, a Democrat, faces a Sept. 7 primary election against Assembly members Tom Collins and Vonne Chowning of North Las Vegas. North Las Vegas City Councilwoman Shari Buck, a Republican, would await the winner in the Nov. 2 general election.

Kincaid-Chauncey said she could benefit from the delay of the trial. If the trial started in August and dragged on through the fall without a verdict, she would have had to endure nightly news accounts about the case during campaign season.

"It's a mixed bag, I guess," she said of the timing of the trial.

Kincaid-Chauncey has fallen behind in the campaign. She has been a no-show at events and hasn't put up any signs.

But her hesitancy had nothing to do with the pending trial. She said medical tests indicated she might have had a brain tumor. Only after a battery of additional tests over a two-month period did she finally learn she was in good health.

"I wasn't going to run if I was sick," she said.

A grand jury indicted Kincaid-Chauncey and former Commissioners Dario Herrera and Lance Malone on corruption charges in November. Former Commissioner Erin Kenny reached a plea deal with prosecutors and is cooperating with them in their case against the other three.

Federal prosecutors claim Malone, who was working for strip club magnate Michael Galardi, gave Kenny, Herrera and Kincaid-Chauncey thousands of dollars in exchange for political favors for his boss.

The case stretches to San Diego, where Galardi also operated a topless club. Three San Diego city councilman face charges of accepting bribe money from Malone.

During the two-year investigation, FBI agents placed wire taps on Malone's phone and four of Galardi's personal and business lines. They also planted a recording device on a government witness who worked undercover as a security manager at Galardi's club Cheetahs in San Diego.

Attorney Dominic Gentile, who represents Malone, estimated that more than 100,000 hours of conversations were recorded through telephone intercepts or the device worn by the security manager.

Because Malone was involved in the Nevada and California cases, Gentile must review all the recordings. Gentile estimated it would take until January to finish listening to the recordings and said he might be prepared for trial in March.

Richard Wright, Kincaid-Chauncey's attorney, said she is involved in far fewer recorded conversations, but because she is a co-defendant he cannot challenge the other attorneys' request to postpone the trial date.

"The problem is the way she was charged. She can't be severed from the rest," Wright said. "She doesn't have any recourse."

Kincaid-Chauncey's primary election opponents said Monday that they plan to keep the election clean. They don't believe the delay in the trial will affect the race.

The incumbent feels differently.

After all, Kincaid-Chauncey said, her vulnerability is the reason they decided to challenge her for the District B seat.

"Anytime there is something unexpected like this, I think they sense a vulnerability and see it as an opportunity to get the job they really want," she said. "That's politics."

Chowning and Collins said they would not prey on Kincaid-Chauncey's legal troubles during the race leading up to the September primary.

"My campaign is to run for the position, and I'm not running a campaign casting stones at Mary or Tom," Chowning said. "I've always run on my record. I know a lot of people say that, but that's really what I've done."

Collins said the timing of Kincaid-Chauncey's trial "doesn't mean a hill of beans."

"People, including myself, are saying they are sad she's in this situation," Collins said. "I plan to say no unkind word for this campaign."

Whether the candidates mention the indictment might not matter. According to Chowning, the topic is weighing heavily on the minds of constituents.

She said voters are disappointed their commissioner was indicted, and that they want to learn the truth about Kincaid-Chauncey, who has represented some North Las Vegas neighborhoods either as a commissioner or city councilwoman for 25 years.

Kincaid-Chauncey plans to fight through attacks, but she realizes there is a chance her constituents will vote her out of office.

"I really would like to win again, but it's not going to be the end of the world. I've had a lot worse things happen in my life," she said.