Dario Herrera Mary Kincaid-Chauncey

Dario Herrera was left with little choice but to take the witness stand last week after his one-time colleague, Mary Kincaid-Chauncey, was called as the first witness in her case.

Sources said had he not, jurors could have been left with the perception that Herrera could not defend himself against the charges.

Both former Clark County commissioners were indicted in 2003 on charges they accepted cash bribes from then-strip club owner Michael Galardi. In exchange for thousands of dollars, the two voted in favor of Galardi's matters before the commission, the indictment says.

The two also are accused of depriving Clark County residents of their right to honest services and violating the oath they took when the commissioners were sworn into office.

Galardi, former Clark County Commissioner Erin Kenny and Lance Malone, an ex-commissioner who went on to become Galardi's bagman, also were named in the indictment. Kenny and Galardi pleaded guilty and testified on behalf of the government.

Malone, who was found guilty of similar charges in San Diego, is scheduled to go to trial in Las Vegas in August.

The following is a recap of last week's events.

MONDAY

WITNESS: Kincaid-Chauncey

DENIES TAKING BRIBES

The grandmotherly flower shop owner described how she accepted a total of $9,000 from Galardi but emphasized that the contributions were for her family members. Kincaid-Chauncey said she told FBI agents of the payments during her first interview in May 2003.

Kincaid-Chauncey, 67, said Galardi gave her $5,000 for her son Mark Kincaid's bid for a seat on the North Las Vegas City Council; Galardi also gave her daughter $4,000 cash to go toward her son's Olympic ski school. Her testimony conflicted with Galardi's account that he paid her between $70,000 and $80,000 during a three-year period.

Prosecutors questioned Kincaid-Chauncey about two occasions in which she met Malone for lunch and then sat in her car with him. They claim she was receiving cash payments. She said they just talked.

During one of those incidents, Kincaid-Chauncey is recorded calling Galardi: "Thanks for all your help, I really appreciate it," she said. Kincaid-Chauncey explained she thanked Galardi for a donation he made to a charity she supported.

Richard Wright, Kincaid-Chauncey's attorney, had her describe to jurors her modest lifestyle, attempting to prove if she was on the take, she probably would have a more lavish home or car. The newest car she owns is a 1995 Cadillac. She had lived in the same home for 40 years. In 2002, she sold her home and bought a new house for $153,000.

She does her regular shopping at Wal-Mart.

"My husband always says when he dies, he wants to be buried in a Wal-Mart parking lot so I'll visit him everyday," she said.

TUESDAY

WITNESSES: Kincaid-Chauncey; her son, Frank Kincaid; County Commissioner Yvonne Atkinson Gates; County Manager Thom Reilly; Judy O'Leary Nield, Herrera's former assistant; FBI agents Philip Baiers, Joe Dickey and Henry Nembach; former stripper Breana Whitmore; government informant Tony Montagna

WITNESSES CONTRADICT GALARDI TESTIMONY

Thom Reilly said "absolutely not" when asked whether Malone ever slipped him a $5,000 bribe to help Galardi's efforts to annex his Jaguars strip club into the city, as Galardi had contended.

Tony Montagna, an informant who wore a body wire while working as Galardi's security director, said he never tipped off Galardi to the May 14, 2003, raids at his clubs. Galardi had told FBI agents that Montagna told him of the raids the evening before they occurred.

Whitmore told jurors that she never had sex with FBI agent Robert Pellet, as Galardi had stated earlier in the trial. She said Galardi contacted her before the trial and told Whitmore to say she did, indeed, have sex with the agent during a Cheetah's-sponsored golf tournament.

Atkinson Gates told jurors that she wold not take calls from Malone during the period which commissioners were considering a proposed ordinance regulating adult uses. She said it is her personal policy not to be lobbied within days of a matter coming before the board. This is in sharp contrast to Kincaid-Chauncey, who prosecutors say not only spoke to Malone on the day of commission meetings, but solicited a contribution to her son's ski school during that time. Defense attorneys characterized Galardi as a "pimp," after reading an FBI agent's statement that Galardi said he paid dancers $500 if they went home with patrons.

WEDNESDAY

WITNESS: Herrera

JURORS COOL TO HERRERA

For weeks, jurors heard sordid stories about Herrera. They learned about a golf outing during which he received oral sex from a stripper. They learned about his frequent visits to strip clubs for lap dances and oral sex. And they heard about a weekend getaway in Newport Beach with a woman for whom he later purchased a $4,000 necklace. All the while, he was married.

When Herrera took the stand, jurors who had watched other witnesses testify, turned the other way.

Herrera denied ever taking payments from Galardi or Malone. He rebutted prosecutors' claims that he paid for the pricey Tiffany's necklace with cash he received from Galardi. Herrera said he had a successful gambling outing the previous night and was able to buy the necklace.

Herrera portrayed himself as a loyal Clark County commissioner who prided himself on being accessible to the public. He said he voted against an adult-use ordinance harmful to Galardi's businesses not because he was on the take, but because he did not feel it was a priority for the county.

With his wife, Emily, watching, Herrera dipped his head and tearfully recounted to jurors the extra-marital affairs that eventually led to their separation. He said out of "selfishness, arrogance and disrespect of his wife, I strayed from my marriage." He described himself as being "full of myself" after being the youngest person ever to be elected to the state's most powerful board.

Herrera called his affairs a "deeply private matter" that he and his wife continue to struggle through. "I think in all honesty, it had no place in this courtroom," he said.

THURSDAY

WITNESS: Herrera

HERRERA BECOMES TENSE

Herrera contends that when he and Malone are heard on the phone discussing "hooking up" -- a phrase the prosecution claims is code for a payoff -- it simply meant they would get together and discuss county issues or just shoot the breeze.

Herrera's composure started to crack as Assistant U.S. Attorney Daniel Schiess questioned Herrera about a series of phone calls when he discussed "hooking up" with Galardi or Malone, then proceeded to meet with them for only a few minutes.

Schiess asked if these meetings were about county-related matters before the commission, why Herrera didn't conduct business over the phone. Instead, Herrera drove to Cheetah's twice to meet with Galardi. One time, he had a badly sprained ankle and was on crutches.

"That was common when I had to meet with someone," Herrera said. "I didn't require them to come to the county ... if my phone was tapped, you'd see that."

Herrera testified that he realized Galardi was attempting to influence him by providing free golf outings, lap dances and drinks. But Herrera denied ever receiving the $10,000 a month prosecutors claim he accepted. Herrera suggested that Galardi's bagman, Malone, stole the money.

"If Mr. Galardi was giving Mr. Malone money to give to me, the only explanation was Mr. Malone was putting it his pocket," Herrera said.

During a lunch break, Herrera, who is typically jovial with reporters, walked past the media with a clenched jaw.