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Mar. 16, 2006
Copyright © Las Vegas Review-Journal


CORRUPTION TRIAL: Defense fights sex tales

Favors for commissioner's votes alleged

By ADRIENNE PACKER
REVIEW-JOURNAL


CORRECTION ON 03/17 -- Cheetahs strip club is in the city of Las Vegas and not in an unincorporated area of the county, as was indicated incorrectly in the political corruption trial story on the front page of Thursday's edition.

Attorneys representing Dario Herrera complained Wednesday that prosecutors plan to use detailed accounts of the married former Clark County commissioner's sexual encounters with strip club employees to try to turn jurors against him.

Federal prosecutors offered a glimpse at their evidence in arguments over motions on the eve of opening statements in the political corruption trial of Herrera and former county Commissioner Mary Kincaid-Chauncey. Prosecutors said Herrera not only accepted cash bribes from strip club owner Michael Galardi but welcomed oral sex for votes favorable to Galardi's businesses.

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"Mr. Herrera knew that sex was part of the currency," Assistant U.S. Attorney Daniel Schiess said. "It wasn't just money; it was sexual favors."

Herrera's lawyer, Jerry Bernstein, lost motions to suppress testimony and details that he said are designed to turn jurors against Herrera.

"The prosecution is trying to focus the jury on what they think is going to prejudice them against Dario," Bernstein said. "This is not a blow. I'm confident the jury is going to be able to distinguish this kind of evidence."

Herrera and Kincaid-Chauncey are accused of accepting bribes from Galardi, and in return, using their political offices to further Galardi's strip club businesses.

In response to motions filed by Herrera's attorneys, Schiess outlined several acts he said support the government's allegations that Herrera lived well beyond his means. He suggested Herrera leaned on Galardi to support his lavish lifestyle.

The 12 jurors chosen for the trial were sent home for the day, while the two sides hashed out what evidence could be introduced in the trial.

Schiess told U.S District Judge Larry Hicks that although Herrera was married, he treated a girlfriend to a weekend at the Four Seasons Hotel in Newport Beach, Calif. Nicole Compton, whom Schiess identified as the girlfriend, is on the prosecution's list of witnesses for the trial.

On Aug. 22, 2001, the day before the two left for California, Herrera called former county Commissioner Lance Malone, who was working as a lobbyist for Galardi, and suggested they "hook up." Schiess said that could have meant they were to meet for a cash transaction. Malone and Herrera did not meet that day. And Herrera called Malone again on the day he returned, Schiess said.

Malone called Galardi to tell him Herrera was returning from a stay at the Four Seasons. Schiess said Galardi responded: "That's why he wants some money."

On Oct. 30, 2001, Herrera paid $4,000 cash for a diamond pendant necklace for Compton. Later that night, he met with Galardi at his Cheetah's strip club, Schiess said, suggesting that Herrera accepted cash from Galardi. Schiess said Herrera's wife, Emily, controlled the family's finances.

"When Dario needs money to take care of his girlfriend while he's married ... he had to get it from another source. He had to get it from Michael Galardi," Schiess said.

Herrera's wife was in the courtroom for jury selection but did not stay for the arguments over the motions, and she was not present when Compton was discussed.

Herrera married Emily McCann on Jan. 23, 1999, and the couple has two children. He has credited her for his conversion to the Church of Jesus Christ of Latter-day Saints.

Bernstein argued unsuccessfully that for prosecutors to tell jurors that Herrera bought the necklace for Compton was unnecessary.

"Whether that piece of jewelry was for Nicole Compton, for his wife or for his mother is irrelevant," Bernstein said.

Prosecutors also plan to show Galardi's strip club employees provided oral sex and free lap dances to Herrera. In exchange, prosecutors allege, Galardi expected Herrera to vote favorably on issues related to his two strip clubs, Cheetah's and Jaguars, which are both governed by the commission. Galardi no longer owns the clubs.

The government plans to call a Cheetah's dancer to the stand to testify that Galardi provided Herrera $400 worth of lap dances on March 15, 2001, the day Herrera's first son was born.

In spring 2000, a bartender at Cheetah's performed oral sex on Herrera during his visit to the strip club, Schiess said. Galardi later offered to have the same bartender accompany Herrera during a golf outing at Southern Highlands Golf Club, and she again provided oral sex to Herrera, Schiess said.

Schiess said that in an interview with Galardi last week, Galardi said he offered to bring the bartender along because "I wanted something from him (Herrera)."

But Bernstein argued: "Whatever she did on the golf course that day was done voluntarily. She did it because she liked Mr. Herrera."

Hicks ruled that the dancer and bartender will be allowed to testify.

"It is reasonable inference for the jury to conclude that her (the bartender's) presence was required or at the very least encouraged by Mr. Galardi," Hicks said. "She was encouraged to gratify or serve the interest of Mr. Herrera and thereby serve the interest of Mr. Galardi.

"The jury could also find this was a mutual attraction by both of them."

Schiess said prosecutors will limit the details of sexual encounters. The indictment issued in May 2003 was vague "so the media wouldn't have a feeding frenzy," he said.

"This doesn't need to be a salacious trial," he said.

Galardi and former Clark County Commissioners Lance Malone and Erin Kenny were also listed in the political corruption indictment. Malone was voted out of office in 2000 and went to work as Galardi's lobbyist. Prosecutors have said Malone acted as Galardi's "bagman," delivering the cash bribes to sitting commissioners.

Galardi and Kenny pleaded guilty and are cooperating with the federal government. Malone is fighting the charges.

Last summer, Malone was found guilty of delivering bribes to San Diego City councilmen in a parallel public corruption case. He was sentenced to three years in prison and is free on $350,000 bond while he appeals the verdict.

Bernstein said prosecutors have not outlined exactly which Galardi-related issues Herrera voted on to show he was returning favors.

But Schiess noted one incident in which Galardi, Herrera, Malone and Kenny worked together on a plan to extend Galardi's liquor license, which Scheiss characterized as "gold" to a strip club operator.

On Aug. 28, 2001, Herrera dined with Malone and Galardi at P.F. Chang's China Bistro. The next morning, commissioners were scheduled to vote on an extension for Galardi's liquor license at his Jaguars club. After dinner, Malone called Kenny and told her Herrera would attend the meeting and "help as much as you need him to."

But Herrera broke his ankle hours before the meeting and was unable to attend. He participated in the hearing by telephone and voted in favor of the license, then excused himself to attend a funeral.

Schiess said there was no funeral. But Kenny backed his story, according to transcripts of that meeting.

"He's going to a funeral, and he's actually one of the speakers at the funeral, and it starts in about 20 minutes," Kenny said.

Schiess said Herrera never voted against Galardi's interests.

"When it comes time to give yeas or nays, he's a yea," Schiess said.

The Associated Press contributed to this report.

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THE JURY
Six men and six women were chosen Wednesday as the jurors who will decide the fate of former Clark County Commissioners Mary Kincaid-Chauncey and Dario Herrera.

The six men are:
• A married, white computer programmer who has lived in Las Vegas for five years and attended technical school.

• A black employee of the Human Resources division at Southern Hills Hospital who is single, has lived in Las Vegas for four years and graduated from the University of Cincinnati.

• A Hispanic widower who works as a sports book ticket writer at the Sunset hotel-casino, has lived in Las Vegas for 16 years and attended college for two years.

• A retired electrician who is Asian and has lived in Las Vegas for three years.

• A white, married Beatty resident who works in the minerals industry, has lived in Southern Nevada since 1962 and attended college for one year.

• A white divorcé who works as a porter at the Bellagio hotel-casino, has lived in Las Vegas for 12 years and attended junior college.

The six women are:
• A married, white city of Las Vegas secretary who has lived in Las Vegas for 15 years.

• A married, white sales manager for Williams-Sonoma who has lived in Las Vegas for 11 years and is a high school graduate.

• A married, white 14-year resident of Las Vegas.

• A married, white flight attendant who has lived in Las Vegas for 15 years and is a high school graduate.

• A white divorcée who moved from Chicago to Las Vegas 10 years ago, works in property management and has a high school education.

• A married, white 17-year resident of Las Vegas who works as an assistant manager for a Sprint store and graduated from business college.

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