During the second week of the political corruption trial involving former Clark County Commissioners Mary Kincaid-Chauncey and Dario Herrera, prosecutors spent days playing intercepted phone calls between the defendants in the case.
They attempted to show jurors that Kincaid-Chauncey, Herrera and former Clark County Commissioner Erin Kenny accepted cash bribes from strip club magnate Michael Galardi and in return voted in favor of matters beneficial to Galardi's clubs.
Advertisement
Prosecutors also hammered Kincaid-Chauncey and Herrera for failing to disclose their relationship with Galardi before voting on those matters, meaning they deprived the public of honest services, which is also a felony.
Galardi, his bagman Lance Malone and the former commissioners were indicted in 2003 on bribery charges. Galardi and Kenny pleaded guilty and are government witnesses.
Jurors appeared to tire of the intercepted phone calls. In fact, attorneys even complained to U.S. District Judge Larry Hicks that one juror continually nodded off and had to be awakened by neighboring jurors.
However, the jury perked up when Kenny took the stand. For the first time since opening statements, seating for the public was nearly full.
Kenny was cordial with attorneys at first, but it did not take long for the testy personality to show. And unlike other witnesses, Kenny was escorted in and out of the courtroom by court personnel who shielded her from the media.
The following is a recap of last week's testimony:
Working on behalf of Galardi, Kenny feverishly worked on an ordinance that would allow nude dancers in strip clubs that serve alcohol. At the same time, Commissioner Yvonne Atkinson Gates was working on an amended code that would force strippers to perform on stages 6 feet away from patrons.
Galardi hired well-known attorney and lobbyist Jay Brown to talk Atkinson Gates into backing off her proposal and offered him up to $50,000 if he was successful. Galardi also suggested paying Atkinson Gates $100,000 to drop her ordinance.
"I don't get this bitch, man," Galardi said of Atkinson Gates during a Nov. 11, 2002, phone call.
"We're flippin' going to go after her like nobody's business," Malone responded.
Malone and Galardi worried about getting enough votes to pass an all-nude law, especially because Herrera had converted to the Mormon faith. "We got two other Mormons; now Dario is Mormon," Malone said. The law Galardi wanted never passed.
Malone told Kenny and Kincaid-Chauncey that he planned to bring up to 400 strippers to the commission meeting during which the ordinance was considered. He developed a list of "bullet points" for Kincaid-Chauncey and asked that she keep her phone on during the meeting so that he could call with further arguments she could put forth.
"You guys were elected to be the voice of the people," Malone then told Kincaid-Chauncey.
TUESDAY
WITNESS: Byers
DEFENSE: MALONE'S DIVORCE A SHAM
Attorney Jerry Bernstein, who represents Herrera, detailed past criminal misconduct by Malone, telling jurors they shouldn't believe any representations Malone made concerning Herrera and Kincaid-Chauncey.
Bernstein said Malone is caught on tape discussing stealing $20,000 that Galardi intended to be paid to a public official; his divorce is a sham to protect his assets; he was aware his wife lied on a refinancing document and Malone knew his father was collecting benefits intended for a relative, who had died.
Malone's ineffectiveness in getting Galardi-related matters passed landed him in trouble with his boss, who hired him because he was supposedly "tight" with certain commissioners.
In September 2002, it is clear that Herrera, who was running for U.S. Congress, and Kenny, a candidate for lieutenant governor, are struggling in their races. Kenny, who said she was desperate for money, invited Malone to a party she was having in a tent in the KLVX-TV, Channel 10 parking lot.
Kincaid-Chauncey lashed out at county staff on an unrelated matter -- the introduction of an ordinance designed to restrict billboards, which staff members said caused neighborhood blight.
"I don't have a lot of faith in our staff, period," she told Malone in September 2002. "They should keep their mouths shut and stop editorializing."
WEDNESDAY
WITNESS: Byers
UNDERCOVER INFORMANT REVEALED
Tony Montagna, a government witness, worked as an undercover informant in the political corruption trial. He was hired as Galardi's chief security officer and worked inside Galardi's Las Vegas strip clubs for 10 months.
Agent Byers acknowledged that Kincaid-Chauncey is heard on intercepted phone calls asking for money from Galardi just one time. Her attorney, Richard Wright, noted that Kincaid-Chauncey told agents about that occasion when she was interviewed three years ago. She sought money for her grandson's ski school.
Byers testified that Galardi and Malone were trying to get a fourth commissioner involved in their scheme -- Myrna Williams. The two knew if they had four board members paid off, they would secure the majority vote on any issue.
Byers said Malone's suggestion that he "hook up" with Williams meant "meet and attempt to establish a relationship." Williams was not charged with any wrongdoing.
He also confirmed that after Herrera received a $10,000 check for campaign purposes and subsequently lost his election, he never once returned Malone's phone messages.
Kenny and Malone discussed Herrera's frequent visits to topless clubs. Kenny asked Malone whether Herrera was worried he would be recognized. Malone responded: "He likes women so much, he doesn't care."
THURSDAY
WITNESS: Former Clark County Commissioner Erin Kenny
KENNY, memory hazy, IMPLICATES OTHERS
Kenny dropped a bombshell in court when she testified she not only accepted cash bribes from Galardi, but also Triple Five Development and its owner Eskander Ghermezian. She said she received $3,000 a month from Ghermezian between late 1999 and May 2003, when she was indicted in connection with the Galardi case.
She said she also received a $200,000 payment after she voted in favor of zone changes that allowed a CVS Pharmacy. She said the money came from developer Don Davidson, but it was his son, Larry Davidson, who created an offshore account for the payment.
Kenny said she has vertigo and memory loss. She could not detail each account when she accepted cash bribes from Galardi, but remembered why the county stopped construction on his Jaguars club. She said beams in the ceiling were off by 1/32 of an inch.
Kenny also testified that she would not have voted any differently on Galardi-related matters if she hadn't been taking the cash bribes. She never asked what the money was for, she said, because it "was understood."
She said she chose not to think about the bribes, or remember details of her plea agreement because of the guilt she felt.
"I'm so saddened and disappointed with my actions; it's difficult as a human being to face one's mistakes," Kenny told Bernstein. "Each of us copes a little differently."
Kenny said she was distraught when she visited FBI agents days after the indictment. She panicked when she saw that the agents were part of the organized crime unit and feared the Galardis might come after her. "I got very afraid about my children," she said.
SPONSORED LINKS
POLITICAL CORRUPTION Galardi Investigation News Archive