Former County Commissioner Dario Herrera and his wife, Emily, arrive Tuesday at Lloyd George U.S. Courthouse. Jury selection began in the political corruption trial of Herrera and former Commissioner Mary Kincaid-Chauncey. Photo by Gary Thompson.
Former Clark County Commissioner Mary Kincaid-Chauncey and her attorney, Richard Wright, arrive at federal court Tuesday. Photo by Gary Thompson.
Flanked by their legal teams, former Clark County Commissioners Mary Kincaid-Chauncey and Dario Herrera re-entered the public spotlight Tuesday, wading through a mob of television cameras on the first day of their long-awaited political corruption trial.
Once in the safe haven of a quiet courtroom inside U.S. District Court in downtown Las Vegas, the two former colleagues embraced.
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"I'll be glad when this is all over," Kincaid-Chauncey said.
Nearly three years ago, the federal government indicted Kincaid-Chauncey and Herrera on charges they accepted cash bribes from strip club owner Michael Galardi. They are accused of using their public offices to further the success of Galardi's Las Vegas Valley businesses.
Because several motions have been filed since the indictments were issued in May 2003, Tuesday was not the first time Herrera and Kincaid-Chauncey appeared in court together. But it was the first time they came face to face with the court of public opinion.
As members of the pool of 80 prospective jurors filed into the courtroom Tuesday morning, some glanced at the former commissioners; others took a seat and stared at the defendants' table.
Six potential jurors were quickly excused after suggesting Herrera and Kincaid-Chauncey are guilty.
"On some level, I think all politicians have corrupted themselves," one potential juror told U.S. District Court Judge Larry Hicks.
"I believe the defendants are guilty," another potential juror said. "I have a very low opinion of politicians in this community."
Twenty-three prospective jurors were excused because of their opposition to the strip club industry, their opinions of Herrera and Kincaid-Chauncey or because of scheduling conflicts. The trial is expected to last about three months.
The comments made by potential jurors did not appear to affect the former commissioners' demeanor. Both remained expressionless.
"I have complete faith that when the jury is selected, they will focus on the real facts and evidence and conclude I extorted no one, never deprived the citizens of Clark County of my honest services and that my vote was never for sale," Herrera said after observing six hours of jury selection.
Hicks questioned prospective jurors about their relationships with witnesses that might take the stand during the trial.
The judge revealed that potential witnesses range from members of the adult entertainment industry to high-powered and popular politicians.
Sen. Harry Reid, D-Nev., and Las Vegas Mayor Oscar Goodman are on Herrera's list of witnesses that might be called to testify, said Herrera's attorney, Jerry Bernstein. Bernstein declined to elaborate on what he expects the two politicians to say on the stand.
Reid had not been told he is a potential witness, his spokeswoman, Sharyn Stein, said Tuesday. Through a spokeswoman, Goodman said he did not know what the prosecution or defense would want him to testify about.
The indictment targeted four former Clark County commissioners and Galardi.
Herrera and Kincaid-Chauncey are the first to stand trial in Las Vegas. Galardi and former Commissioner Erin Kenny pleaded guilty and are on the prosecution's list of witnesses who will testify.
Former Clark County Commissioner Lance Malone joined Herrera and Kincaid-Chauncey in pleading innocent to the charges. Herrera's legal team successfully petitioned to have Malone tried separately because his former colleagues plan to portray Malone as a liar.
According to the indictment, after Malone lost his re-election bid in 2000, Galardi hired him as a lobbyist. Malone's duties, authorities allege, included delivering Galardi's bribe money to elected officials. According to documents filed in court, Herrera's lawyers plan to suggest that Malone pocketed the cash instead of giving it to his former colleagues.
Last summer, Malone was found guilty of delivering checks and envelopes full of cash to San Diego City councilmen with the hope that the they would repeal an ordinance that prohibited strippers from touching customers. Galardi's all-nude Cheetah's club in a San Diego suburb was suffering financially because of the law.
Malone was sentenced to three years in prison. He appealed the verdict and remains free on $350,000 bond.
After the verdict, Malone's attorney, Dominic Gentile, blamed the political climate in San Diego. Residents had grown leery of public officials because of the city's financial problems, he said.
Bernstein acknowledged Tuesday that Southern Nevadans also might be concerned about the integrity of elected officials.
"The political climate is always a concern," Bernstein said. "It can turn jurors against the defendants."
But Las Vegas differs from San Diego in that businesses such as strip clubs are part of the culture in Nevada. Bernstein said that is why he fought Malone's request for a change of venue.
"We opposed it and said the case should be tried here," Bernstein said. "We felt jurors would not be blinded by the negative atmospherics of strip clubs because they are accepted businesses."
The judge is expected to seat a jury today and start opening statements on Thursday morning.
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