Court upholds Kincaid-Chauncey’s conviction

Former Clark County Commissioner Mary Kincaid-Chauncey’s attempt to clear her name in connection with her conviction on public corruption charges failed at the appellate level Friday.

The 9th U.S. Circuit Court of Appeals rejected Kincaid-Chauncey’s appeal and found that the federal judge presiding over her trial acted appropriately when he prohibited certain witnesses from testifying and when he instructed the jury on the definition of quid pro quo.

Kincaid-Chauncey and her co-defendant, former Commissioner Dario Herrera, were convicted in May 2006 of charges related to accepting bribes from then-strip club owner Michael Galardi. In exchange for cash payments, according to prosecutors, the two voted favorably on matters that helped advance Galardi’s business empire.

“We are obviously pleased with the 9th Circuit’s ruling that the trial judge did not err and that former Commissioner Kincaid-Chauncey’s conviction should stand,” said U.S. Attorney for Nevada Greg Brower. “This effectively marks the end of a very sad chapter in the history of Clark County.”

Kincaid-Chauncey was released from federal prison in December and transferred to a halfway house; she will be formally released from the system in March after serving a 30-month stint. She was unavailable for comment Friday.

Her appeal was based on two arguments: U.S. District Judge Larry Hicks deprived her of a fair trial when he rejected proposed witnesses, and he should have instructed the jury to identify a quid pro quo, meaning Kincaid-Chauncey accepted the money with an intent to work on Galardi’s behalf.

During the eight-week trial, Galardi, who pleaded guilty and was one of the government’s key witnesses, was accused of lying on the witness stand. He testified that he gave money to numerous public officials. Kincaid-Chauncey hoped to put those officials on the stand with hopes of showing the jury that Galardi lied about the payments to them, and to her.

The 9th Circuit ruling stated that a witness can be impeached only on information provided during direct examination.

Galardi listed payments he made to seven officials during cross-examination, which means Kincaid-Chauncey was not entitled to call witnesses who could attack his credibility.

Hicks ruled that the public officials might have disputed the amount of money they received from Galardi, but they would have testified the payments were legal campaign contributions.

“Allowing the defendant to call the mayor, members of the city council, judges and other public officials to testify would have created a huge sideshow to what was already a trial of notoriety,” the appeals court ruling states.

Along with Galardi, Herrera and Kincaid-Chauncey, the investigation snared former Clark County commissioners Erin Kenny and Lance Malone. Galardi and Kenny pleaded guilty and received 30-month sentences. Herrera received a 51-month sentence and Malone, who pleaded guilty on the eve of his trial, received a six-year term.

During the February 2008 appeals court hearing, Federal Public Defender Franny Forsman argued that jurors might have believed that Galardi lied when he said he delivered cash to Kincaid-Chauncey if they heard from the other officials that his allegations were not true.

“The jury was entitled to know those things were false. The jury only got to hear the allegations,” Forsman said. “I’m very curious why the government would put a perjurer on the stand.”

Forsman also told the appeals court panel that Kincaid-Chauncey admitted to accepting two contributions from Galardi, one to help with the cost to send her grandson to Olympic ski school and another for her son’s Las Vegas City Council campaign.

Galardi testified during the 2006 trial that he also gave Kincaid-Chauncey $5,000 on two other occasions. But Forsman said the commissioner denied receiving that money and did not consistently vote in Galardi’s favor. The argument was that quid pro quo could not have been proved.

The appeals court stated that jurors needed to consider only Kincaid-Chauncey’s state of mind when she accepted cash from Galardi and that she failed to disclose cash payments when she voted on matters affecting his business. They did not need to identify a particular act Kincaid-Chauncey committed in exchange for the money.

In the past, Kincaid-Chauncey has said she will continue to fight the conviction to clear her name and restore her right to vote.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.

ad-high_impact_4
News
Former Las Vegas police explorer sentenced to 25 years to life in prison
Former Las Vegas police explorer Joshua Honea sentenced to 25 years to life in prison for sexual assault of a minor, but was allowed to remain free on bail pending appeal. (K.M. Cannon/Las Vegas Review-Journal)
Golden Knights Fans Line Up to Grab Their Conference Champions Gear
Golden Knights fans lined up at City National Arena Monday to snap up Conference Champions gear and other memorabilia the day after the Golden Knights won the Stanley Cup Conference Finals. (Madelyn Reese/ Las Vegas-Review Journal)
Las Vegas shooting survivor has surprise reunion
Oct. 1 mass shooting survivors Taylor Stovall and Parker Gabel meet for the first time since Gabel helped the injured Stovall to an ambulance the night of the shooting. Stovall, then 17, was shot in the arm. They met Friday at the Tropicana.
Hawaii volcano presser
Talmadge Magno of Hawaii Civil Defense gives an update on the Kilauea volcano
Same-Sex Weddings on the Rise in Las Vegas
Allie and Tara Shima finally tied the knot. They've been together for five years and have both been married before. This time, they wanted something simple, quick and cheap, but it still had to feel special. The couple chose Las Vegas. (Madelyn Reese/ Las Vegas Review-Journal)
Courtyard Homeless Resource Center begins building in Las Vegas
Las Vegas Mayor Carolyn Goodman and Ward 3 Councilman Bob Coffin kicked off the demolition of buildings where the Courtyard Homeless Resource Center will be built. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
"Yanny" or "Laurel" hearing test has gone viral
'Yanny' or 'Laurel?' This Hearing Test Has Gone Viral This hearing test has gone viral on social media with some hearing "Yanny" while others swear hearing "Laurel." The voice is actually saying "Laurel," but the pitch was changed, causing some to hear "Yanny."
LVMPD Briefs on Year's Sixth Officer-Involved Shooting
Las Vegas police have identified the officer who shot a shovel-wielding woman on Saturday as 23-year-old Ondre Wills.
Police release body camera footage of shovel-wielding woman
Las Vegas police identified the woman they said threatened neighbors with a skillet Saturday night. Officer Ondre Wills, 23, shot at Sommer Richards, 34, multiple times on Big Sur Drive, near Nellis Boulevard and Desert Inn Road. Police responded to the area after receiving reports that the woman was armed with a shovel. Police said the woman chased neighbors and a security guard. Wills got between Richards and the others and repeatedly told her to drop the shovel. The woman instead turned and moved toward a person who was standing nearby before the officer fired shots. Police said she bit another officer as he attempted to render aid. Richards remains in serious but stable condition.
College of Southern Nevada Graduates 2017-18 Class
The College of Southern Nevada's graduation ceremony was held at the Thomas & Mack Center Monday. The 2017-18 class was the institution's largest in history. (Madelyn Reese/ Las Vegas Review-Journal)
Metro looking for suspect in bank robbery.
On Jan. 22, a man robbed a bank in the 8700 block of West Sahara Avenue.
Former Gov. Mike Huckabee at opening of U.S. Embassy in Jerusalem
Former Arkansas Gov. Mike Huckabee, at opening ceremony of U.S. Embassy in Jerusalem, speaks about the violence in Gaza. (Debra J. Saunders/Las Vegas Review-Journal)
Supreme Court strikes down law banning sports betting outside Nevada
The Supreme Court has overturned a federal ban on sports gambling. States other than Nevada will be allowed to provide bookmaking and betting at casinos and race tracks. Justice Samuel Alito said Congress can regulate sports gambling directly, but if it elects not to do so, “each State is free to act on its own.” The vote was 6-3. One research firm estimates that 32 states will likely offer sports betting within five years.
Westcare Clinic Crucial to Las Vegan's Addiction Recovery
Christian Hunt, 21, was sent to Westcare in September after he ended up on drugs and in the hospital. If it weren't for the nonprofit's Community Triage Center, Hunt said he would still be using drugs. Instead, he's been sober for six months, and stopped using methamphetamines seven months ago. (Madelyn Reese/ Las Vegas Review-Journal)
Foundation Provides Full Rides for Clark County Students
Somewhere along the banks of the Ohio River in Owensboro, Kentucky, a group of students from Sin City are pursuing a higher education. Feature on the 38 Clark County students that the Rogers Foundation has given full rides to for Kentucky Wesleyan College. (Madelyn Reese/ Las Vegas Review-Journal)
Flames engulf house in Henderson
Clark County firefighters battled a house fire early Friday morning in Henderson. The house, located near Volunteer Boulevard and Executive Airport Drive, was fully engulfed in flames about 2 a.m. Shifting winds sent massive plumes of smoke across the southern Las Vegas Valley sky. As of 3 a.m. , the cause of the fire was not known and no injuries were reported.
Harvey Weinstein’s Estranged Wife Speaks Out for First Time
Harvey Weinstein’s Estranged Wife Speaks Out for First Time Georgina Chapman was profiled for 'Vogue’s' June issue, speaking on her estranged husband for the first time since he was accused of sexual assault in October. Georgina Chapman, to Vogue Georgina Chapman, to Vogue Chapman, who has two children with Weinstein, also said she has been seeing a therapist and that has helped her move forward. Georgina Chapman, to Vogue Georgina Chapman, to Vogue Read the full profile on Chapman in Vogue’s June issue or online at Vogue.com.
Bark-Andre Furry the dog is a Vegas Golden Knights hockey fan
The furriest fan of the NHL's Vegas Golden Knights is growing into a social media sensation. Bark-Andre Furry the Jack Russell terrier has thousands of followers on Twitter and Instagram. (K.M. Cannon/Las Vegas Review-Journal)
Suspect Sought In Robbery Attempt
Attorney Gloria Allred on case against Benjamin Sparks
Attorney Gloria Allred is representing the victim in a "sex slave" case against GOP political consultant Benjamin Sparks.
2018 Las Vegas Review-Journal High School Journalism Awards winners
Some winners of the 2018 Las Vegas Review-Journal High School Journalism Awards receive their awards.
Weather Balloon Collects Key Data
Meteorologist Chelsea Kryston discusses the Las Vegas National Weather Service's balloon carrying a radiosonde that collects temperature, humidity and pressure readings.
'Avengers: Infinity War' to Cross $1 Billion Mark
'Avengers: Infinity War' to Cross $1 Billion Mark And it will have done so faster than any other film in history. The Anthony and Joe Russo directed film has only been in theaters for eight days since its Apr. 27 release, and it’s already raked in $905.1 million at the worldwide box office, including $338.4 million in North America. It will reach the milestone faster than ‘Star Wars: The Force Awakens,’ which took 12 days to cross over the $1 billion threshold. ‘Infinity War’ is the 34th film to cross $1 billion at the global box office, not accounting for inflation.
Henderson Residents Fighting Their HOA
Sun City Anthem residents Tim Stebbins and Bob Frank were arrested by the Henderson Police Department for filing a false report of a crime after they claimed their HOA was hiding surplus assessments in a secret slush fund. Nearly a decade later, Frank is still trying to clear his name. (Madelyn Reese/ Las Vegas Review-Journal)
UNLV Professor Retiring After 50 Years
Professor Bernard Malamud reflects on his 50 years teaching economics at UNLV and what it's been like watching to school and the city grow.
Donald Trump recognizes Jon Ponder of Hope for Prisoners
Former bank robber Jon Ponder, now CEO of Hope for Prisoners, is recognized by President Donald Trump at the White House Rose Garden. Debra J. Saunders/ Las Vegas Review-Journal
Motorcyclist suffers severe head injury
A crash early Friday morning has left a motorcyclist hospitalized with a serious head injury, according to Las Vegas police. The crash occurred in the southwest valley at Durango Drive and the 215 Beltway, and was reported around 1:30 a.m. Police are investigating and one lane of the eastbound 215 offramp has been shut down.
Woman stabbed in the stomach
Las Vegas police are looking for the suspect who stabbed a woman in the stomach during a street robbery Friday morning in the central valley. The 37-year-old woman walked into the 7-Eleven at 531 E. Sahara Ave., around 1:30 a.m. with a wound to her abdomen, according to police. She was taken to a local hospital and is expected to survive her wound. The stabber remains at-large.
Trump Nominated for Nobel Peace Prize
Trump Nominated for Nobel Peace Prize Eighteen House members sent a letter to the Nobel Committee in Norway, recommending President Donald Trump for the 2019 Nobel Peace Prize. The letter was signed by Rep. Luke Messer and other GOP members, according to the New York Post. Letter to Nobel Committee This week, South Korean President Moon Jae-in said Trump deserved the nomination, as well, for his efforts to rid North Korea of nuclear weapons. Trump is set to meet with North Korean leader Kim Jong-Un soon.
Bodycam video: Las Vegas police breach gunman’s door during Oct. 1 shooting
Las Vegas police released body camera footage that depicts the moment officers breached Oct. 1 gunman Stephen Paddock’s Mandalay Bay suite.
TOP NEWS
News Headlines
Events
Home Front Page Footer Listing
Circular
You May Like

You May Like