When she testified before the grand jury that was considering indicting her, former Clark County Commissioner Lynette Boggs directly contradicted the testimony of the three other people who were closest to the matters at hand, transcripts of the hearing released Thursday show.
The transcript of the Aug. 28 hearing contains several instances in which Boggs’ sworn testimony is at odds with that of her former personal assistant and longtime friend, her children’s former nanny and her ex-husband.
The grand jurors indicted Boggs on two counts of filing false documents and two counts of perjury, charges stemming from her failed bid for re-election in 2006. The indictment alleges that Boggs lied about living in the district she was representing on the commission and that she illegally paid the nanny with campaign funds.
Boggs was a commissioner from the spring of 2004 through the end of 2006 and during that time filed state forms in which she said she lived in the district.
Boggs testified last month that because her marriage was on the rocks, she and her then-personal assistant, Linda Ferris, had shared a home in Boggs’ district. Boggs allowed that she did spend about three nights a week with her children at a house that was twice as large and outside her district.
Boggs and her then-husband, Steven McDonald, had leased the larger home, at 3646 Dutch Valley Drive, near Fort Apache Road and Twain Avenue, in January 2006, with an option to buy the house.
She told the grand jury, she always knew the home was just outside her district, but, she added, commissioners were considering redistricting plans at the time.
"Did you ever live there at the Dutch Valley residence?" Chief Deputy District Attorney Eric Jorgenson asked Boggs.
"I would stay a couple of nights a week at Dutch Valley with my children when they were in my custody," Boggs replied, "but my residence was …"
"No. I’m just asking did you ever live there," Jorgenson said, cutting her off.
"I don’t know what you’re defining as living," Boggs replied.
Ferris told the grand jury that Boggs had manufactured a bogus paper trail to try to support a false claim of residency in her district.
Ferris said that in February, after being hired by Boggs, she moved to Las Vegas from California and found a home to rent at 6386 Grays River Court, off Grand Canyon Drive and Patrick Lane. She said Boggs had told her to find a residence within Boggs’ District F.
Ferris, who had been Boggs’ friend since 1991, testified that Boggs did not ever live at the Grays River home with her, that Boggs lived at the Dutch Valley house from at least February through August.
The grand jury heard similar testimony from McDonald and the nanny, Kelly Mcleod. The grand jury also heard testimony from two private detectives who conducted surveillance at both residences and recorded video of Boggs that appeared to show she was living at the Dutch Valley home.
Ferris said Boggs told her that she needed to use Ferris’ address "because she did not live in the district."
Boggs told Ferris she needed "to establish residency in that district," Ferris testified.
"She said that she needed to have documentation in place with that address showing that she resided there," Ferris said.
Boggs changed her car registration to Ferris’ address, effective March 1, 2006. Boggs also wrote checks that were intended to look like rent payments, Ferris said.
"I was then instructed to take the check and cash it and bring the cash back to her," Ferris testified.
Boggs testified that she had paid rent to Ferris all along. Boggs testified that her name was added to the Grays River house lease as an additional occupant after Ferris told her that the property management "was aware that I was residing there and therefore I needed to be documented and so I filled out paperwork to be documented as someone living in that residence."
"So I didn’t initiate it. I responded to a request of me," Boggs testified.
Ferris told a different story.
"She became aware, I don’t know who the sources were or anything like that, but she told me that there were rumors on the street that she in fact did not live in her district, so she insisted that I go to New West Property Management and put her name as a co-lessor on the lease. And this created more conflict and turmoil in me. And New West would not accommodate that request, instead they would only put her on the lease as a roommate because I was the primary lessor," Ferris testified.
Boggs testified she could not bring her children to the Grays River house because Ferris had "issues" with McDonald, but neither McDonald nor Ferris made any mention of any conflict between them.
In June, Boggs said, McDonald moved back into the Dutch Valley house in an attempt to win a judgment in Family Court that would give him possession of the house and require Boggs to pay for it.
She said that during that time, she was spending "a lot of time" in the Dutch Valley house because of the property dispute.
In the end, a judge gave exclusive possession of the Dutch Valley home to Boggs, she said.
She moved back into the property permanently in January after her failed re-election bid.
At the grand jury hearing, Boggs brought her own documents, including checks, medical records and letters from White House counsel Harriet Miers that included the Grays River address to show to the jury.
Following their dismissal of her, Boggs asked to address the jury, arguing that she believed she was justified in using her campaign funds to pay her baby sitter when she was at campaign events.
Boggs said she paid the baby sitter, Mcleod, from her personal fund until the campaign started consuming nearly all of her time.
"If I had not been campaigning I would have been home taking care of my own children," Boggs said.
But Boggs’ statements that the campaign fund payments to the nanny were for overtime and for weekends, at times when Boggs said she was tied up with campaigning, conflicted with Mcleod’s and McDonald’s testimony.
Boggs said that she discussed the payment arrangement with her staff and relied on a 2002 ethics opinion from the attorney general, having to do with campaign funds. Jorgenson pointed out that opinion had to do with paying an attorney, who provides services to the campaign, using campaign funds.
Jorgenson then questioned whether she made attempts to later repay her campaign fund for the money paid to the nanny. Boggs replied she had "when the news coverage of the story ran."
"Those checks you wrote, did they bounce?" Jorgenson asked her.
"Two I believe did," she replied.
"Have you ever made good on them?"
"Actually no," she said.
Jorgenson again tried to dismiss her, but Boggs wasn’t through.
"I have not given an answer why I wrote the check back."
She said that after the news media’s attention to her campaign, she believed it was cheaper to pay her fund back than paying an attorney.
"To this day I still stand by the fact that I believe that those were justified expenditures based on what I know," Boggs said. "And if I had to do it all again I believe they would be justified."
District Attorney David Roger previously said Boggs could face additional perjury charges if prosecutors determine she lied in her grand jury testimony. Jorgenson said Thursday no decision has been made on additional counts.
"We’re just going to look at it and later on, afterward, make a decision," he said.
Her former attorney, Bill Terry, who represented her during the grand jury hearing, took himself off the case last week before Boggs’ scheduled arraignment.
Boggs requested a public defender, but the hearing master denied her request, saying she had too much income to qualify, and told her to find another attorney before Oct. 3.
Terry has declined to comment, and Jorgenson said he was unaware whether Boggs had found a new lawyer.ON THE WEB: Grand jury testimony (PDF)