Many ask judge for leniency

Despite public outrage over his attempts to land unpopular zone changes by offering bribes to public officials, real estate consultant Donald Davidson still has the support of some high-profile members of the community.

Dozens of letters have been written on Davidson's behalf pending his sentencing Thursday, including missives from Federal Public Defender Franny Forsman and Rep. Shelley Berkley, D-Nev.

The government, however, is not in the 73-year-old's corner. The U.S. attorney's office will attempt to triple Davidson's sentence by persuading the judge that the real estate consultant lied on the stand, offered more than one bribe and that the bribes demonstrated a pattern of behavior.

Prosecutors say the offenses should bump up Davidson's sentencing range to between 63 months and 78 months. His sentence without the additional enhancements would top out at 27 months.

Because of his age, his tight-knit family and a lifetime of charitable work, Davidson's attorney is requesting he receive probation.

"Clearly, the instant convictions are a deviation from his otherwise law-abiding, productive life and should not serve to erase everything he has done to better the lives of others," Davidson's attorney, Clark Derrick, wrote in a sentencing memorandum.

In July, a jury found Davidson guilty of one count of conspiracy to commit wire fraud and five counts of wire fraud for attempting to bribe then-Las Vegas City Councilman Michael McDonald in 2002. The jury deadlocked on 18 additional counts related to Davidson's alleged attempts to bribe former Clark County Commissioner Erin Kenny.

U.S. District Judge Roger Hunt received 41 letters in support of Davidson from his friends, family, corporate executives, among others.

Berkley noted Davidson's charity work, his commitment to his family and his devotion to his religion.

"I write this letter on behalf of Mr. Don Davidson, who I have known for many years," Berkley wrote. "As you can imagine, this is a difficult letter for me to send, given the nature of the charges that have led to Mr. Davidson's convictions.

It continued: "I believe Mr. Davidson is a good man who behaved badly and I am certain he is extremely remorseful for his activities. His actions were wrong, but he is not a bad person."

Davidson's wife of 50 years, Renee, pleaded for leniency for her husband.

"Needless to say, Your Honor, I have been devastated by this conviction. This is not the man I have known and loved for over 50 years," she wrote. "I would ask that you consider all the good that Don has done in his 73 years, and not let this one unbelievable act overshadow all else."

Forsman, writing as a private citizen and former member of the Las Vegas Housing Authority Board, commended Davidson for his work on the board.

"Don became frustrated with the bureaucratic inefficiencies which plagued the agency but it was clear to me that his motivation in serving on the board was to assist in providing housing to the poor," she wrote.

The guilty verdicts returned against Davidson stemmed from a 2002 lunch meeting Davidson scheduled with McDonald to talk about zoning matters in the city. Discussions about the meeting were captured on phone calls intercepted by the government.

After the meeting, McDonald called former Clark County commissioner-turned-lobbyist Lance Malone to express his concerns about his luncheon with Davidson.

"The way he came across; not the way I operate," McDonald told Malone.

During a separate conversation, Malone asked Davidson about his discussion with McDonald.

"I approached him the same way I approached you," Davidson said during the call. "I have five dimes to spread around."

Jurors did not find convincing evidence that Davidson paid Kenny $3,000 a month after she voted in favor of a neighborhood casino in Spring Valley, or that he delivered $200,000 to her after she pushed through a zone change allowing a CVS Pharmacy at Buffalo Drive and Desert Inn Road.

The government contends that Davidson paid out or attempted to pay out a total of $380,000. Derrick contends the figure is $67,000, because it should relate only to the counts on which he was convicted.

Using the same argument, Derrick believes Davidson's sentence should be based on the one bribe he offered McDonald, not the additional allegations of bribes involving Kenny.

The government contends Davidson committed perjury on the stand when he testified about his dealings with Kenny. Kenny, a government witness, told jurors that Davidson delivered cash payments to her. Prosecutors say Davidson also lied on the stand when he proclaimed his innocence on counts on which the jury found him guilty.

"That does not mean that Mr. Davidson lied when he testified he did not intend to bribe McDonald," Derrick wrote in his response to the government. "In fact, although there were multiple tape-recorded conversations between Mr. Davidson and Lance Malone presented during trial, none of the tapes include a conversation in which Mr. Davidson offers to give McDonald money for his vote."

In asking for an increase in the sentence, the government argues that Davidson's alleged bribes to Kenny were "part of the same course of conduct or common scheme or plan as the offense of conviction," according to a court document filed by the government.

"One factor was common purpose. Davidson bribed and attempted to bribe public officials in the county and the city for land zoning changes," prosecutors wrote. The conduct was similar because Malone served as an accomplice in attempts to pay off both city and county officials, the prosecution argues.

Derrick countered that the schemes were not similar. He contends that although it's the government's position that Davidson paid Kenny to execute zone changes, Davidson was paid by clients to work for zone changes in the city.

The McDonald counts stemmed from meetings and phone calls that took place between the fall of 2001 until the spring of 2002. The Kenny counts stem from activity that spanned years, Derrick wrote.

"Mr. Davidson's conviction of attempting to bribe City Councilman Michael McDonald is not 'substantially connected' to the alleged conduct related to Erin Kenny, nor is the conduct part of a 'single episode, spree or ongoing series of offenses' as to qualify as related conduct," according to Derrick.

Malone and Kenny are currently serving prison sentences of six years and 30 months, respectively, on public corruption charges.

Davidson's son, Lawrence, had been charged in the Kenny case as well as a separate case alleging money laundering and wire fraud. He never showed for trial, however, and a warrant was issued for his arrest. He is still a fugitive.

Donald Davidson is scheduled to appear before Hunt at 9 a.m. on Thursday.

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