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Apr. 20, 2006
Copyright © Las Vegas Review-Journal


CORRUPTION TRIAL: Herrera fights back

Ex-commissioner denies taking cash, admits indiscretions

By ADRIENNE PACKER
REVIEW-JOURNAL

Former Clark County Commissioner Dario Herrera, right, and attorney Jerry Bernstein arrive Wednesday at the Lloyd George U.S. Courthouse in downtown Las Vegas. Herrera took the witness stand in his own defense.
Photo by Gary Thompson.


Former Clark County Commissioner Dario Herrera testifies Wednesday. Herrera denied taking any bribes from strip club owner Michael Galardi.
Illustration by David Stroud.

Dario Herrera adamantly denied Wednesday that he accepted cash payments from former strip club owner Michael Galardi, and he tearfully recounted sexual encounters he had with strippers.

Herrera's wife, Emily, who has been in the courtroom for most of the trial, cried as she listened to his testimony about his numerous extramarital affairs.

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Herrera, a former Clark County commissioner, took the witness stand Wednesday morning to defend himself against federal political corruption charges. He and his former colleague, Mary Kincaid-Chauncey, have been on trial for the past five weeks in downtown Las Vegas.

Whether Herrera would testify in his own defense had been unclear. Prosecutors had assailed Herrera's character since their opening statements in mid-March. Jurors heard early in the trial of golf outings and strip club visits during which Herrera received oral sex from strippers employed by Galardi.

Sources said that after Kincaid-Chauncey opted to testify earlier this week, Herrera had little choice. Herrera's attorney, Jerry Bernstein, said it was Herrera's decision.

"It's always the client's decision on whether to testify," Bernstein said outside the courthouse. "Dario has always wanted to tell people what happened, and today he had a chance to do it."

Herrera and Kincaid-Chauncey were indicted in 2003 on charges of accepting cash bribes from Galardi and his bagman, Lance Malone. For hundreds of thousands of dollars in cash, the commissioners voted favorably on Galardi-related matters before the county board, according to the indictment.

The two also were charged with depriving Clark County citizens of honest services by failing to disclose their illicit relationship with Galardi before registering their votes.

Former Clark County Commissioner Erin Kenny, Galardi and Malone also were named in the indictment. Kenny and Galardi pleaded guilty and testified earlier this month. Malone is scheduled to go to trial in August.

Bernstein questioned Herrera about the occasions when Galardi said that he or Malone paid him cash bribes. But before Bernstein could finish his question, Herrera interrupted.

"I have never received a payment from Mr. Galardi or Mr. Malone, anywhere," Herrera said.

Herrera described to jurors his lifestyle after becoming, at age 25, the youngest candidate to ever win a seat on the Clark County Commission.

He frequented strip clubs where he received free drinks, lap dances and oral sex from strippers. Herrera said that his "selfishness, arrogance and disrespect" for his wife led to marital problems.

But indiscretions in his personal life never spilled over into his role as a Clark County commissioner, Herrera said.

He testified he remained loyal to his constituents. Influences, such as generous campaign contributions, never affected his decision-making process, he said.

"One of the first things you're taught (in politics) is never to promise a vote for a campaign contribution," Herrera said.

And Herrera testified that he never did.

Herrera offered two occasions when he received significant campaign donations and then voted against the contributors' wishes.

MGM Grand executives contributed $50,000 to his campaign for county commissioner, but Herrera opposed their request to place a moratorium on new hotel rooms in Las Vegas.

Developer Jim Rhodes gave Herrera between $20,000 and $30,000 during his congressional race, but Herrera, as a county commissioner, led the opposition to Rhodes' proposal to build a residential community near the Red Rock National Conservation Area.

"Sometimes people confuse that with arrogance, sometimes people confuse that with cockiness," Herrera told jurors. "But I prided myself with being fiercely independent."

Herrera testified that though he was close friends with Malone, their relationship had no effect on his position on Galardi-related matters. Bernstein walked Herrera through commission meetings during which he and the majority of the board voted in favor of issuing licenses and permits for Galardi's clubs.

"My job was not to be an obstructionist," Herrera said.

Herrera voted with the majority of the commission on all issues except for a 2002 proposal to tighten restrictions on strip club regulations. But Herrera said he did not oppose the ordinance to protect Galardi.

He said he simply did not believe strip club restrictions should be a priority for the county.

"I felt it was a nonissue," Herrera told jurors. "We had more important issues in the county than what a lap dance was and what a lap dance wasn't."

Herrera addressed the most damaging accusations laid out by prosecutors during opening statements and subsequent testimony by Galardi.

In August 2001, Herrera treated his mistress, Nicole Compton, to a weekend at the Four Seasons Hotel in Newport Beach, Calif. Prosecutors contend Herrera called Malone in the days leading up to the trip to get together, suggesting Herrera was searching for a cash payment.

Upon learning of Herrera's stay at the Four Seasons, Malone told Galardi during an Aug. 28, 2001, telephone conversation intercepted by the FBI: "Man, that dude's got so much money."

"That's why he wanted some money," Galardi replied.

According to transcripts of the call, Malone responded: "Dude, at $400 a night, I guess so."

But Herrera testified Wednesday that Rick Rizzolo, who owns the strip club Crazy Horse Too, had attempted to put Herrera and Compton up in a hotel operated by Rizzolo's friend. When they arrived in Newport Beach, the hotel was booked, and the couple was referred to the Four Seasons. Herrera said Rizzolo, whose club is in the city, picked up the bill.

Upon returning to Las Vegas, Herrera paid $4,000 cash for a diamond bracelet for Compton. The government said Herrera tried to meet with Galardi and Malone that night, suggesting he again was after money.

Herrera testified that when he returned from his weekend getaway, he and his wife fought and Herrera went gambling with a friend. Herrera said he won about $4,300 playing blackjack at Treasure Island, and he bought the bracelet with his winnings.

Herrera also countered Galardi's testimony that Malone delivered Herrera $30,000 cash in a Crown Royal bag in the Landry's seafood restaurant parking lot in September 2001. FBI agents attempted to film the transaction.

Herrera testified he called several childhood friends to ask for a loan to buy furniture because he had separated from his wife. None of his friends had money, so he called Malone, whom he also considered a friend, Herrera testified.

"Lance told me he was pretty strapped," Herrera said Wednesday, adding that Malone had to get an "advance" from Galardi.

Earlier in the trial, prosecutors played a phone conversation between Malone and Galardi that took place after Herrera asked for that loan. During the call, Galardi asked Malone how much money Herrera needed. Malone responded that Herrera was hoping for "three months in advance."

Prosecutors allege Galardi paid Herrera $10,000 a month to watch over county issues that could affect his strip clubs. A three-month advance would amount to $30,000, they said. But Herrera said Malone handed him $2,500 in loose bills.

Herrera testified about a surveillance video that FBI agents took of Herrera sitting in his vehicle in the Cheetah's parking lot on the evening of Aug. 29, 2001. Earlier that day, Herrera had broken his ankle and phoned in a vote on a Galardi license for his Jaguars strip club.

Galardi left him a phone message after the vote: "Thanks for takin' care of me. I appreciate it. Call later, and we can hook up."

The government contends the term "hook up" was code for meeting for a payment. But Herrera testified Wednesday that was not the case. He said he went to Cheetah's to discuss county matters with Galardi.

"I pride myself on being accessible," Herrera said, adding that meeting with lobbyists and citizens at all hours was part of his duty as commissioner. "I was very aggressive about meeting the folks who wanted to meet with me."

He said the first time he met Michael Galardi was during a golf outing in October 2000 with Malone.

Herrera decided to play golf with Galardi and Malone because he viewed Galardi as a potential contributor to his future bid for Congress, a race he expected would cost $2 million.

He told jurors he disliked raising money, calling it a "necessary evil" in politics.

Herrera dropped his head and tearfully recounted sexual encounters he had with strippers provided by Galardi. He described that period as a "very ugly time" in his life.

But Herrera said accounts of those encounters should not have been aired in court.

"I think, in all honesty, it had no place in the courtroom," Herrera said.

Assistant U.S. Attorney Daniel Schiess has told jurors that "sex was part of the currency" in the bribe transactions between Galardi and Herrera.

Herrera said that since he and his wife reconciled in 2002, he has stopped drinking and attending strip clubs. He said he is dedicated to his 5-year-old son and 2-year-old daughter.

"I wanted to be a good husband, I wanted to be a good father," Herrera said, wiping away tears. "And that's why I came home."

The prosecution began its cross-examination of Herrera late Wednesday and will continue today.

Schiess suggested that favors provided by Galardi, such as golf outings and lap dances, probably influenced Herrera when he voted on matters related to Galardi's clubs.

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TRIAL AT A GLANCE
• Dario Herrera denies taking any cash payments from Michael Galardi or Lance Malone.

• Herrera tearfully describes sexual encounters he had with strippers provided by Galardi.

• Herrera says he voted against a 2002 adult-use ordinance because it was not a county priority.

• The prosecution starts its cross-examination of Herrera and suggests he was influenced by gifts and favors he received from Galardi.

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