U.S. judge rules Davidson will face additional charge of conspiracy

On the eve of Donald Davidson's corruption trial, U.S. District Judge Roger Hunt denied the real estate consultant's motion to dismiss a second superseding indictment, ruling that the newest charge had not exceeded the statute of limitations.

Hunt's decision means jurors will learn about payments Davidson allegedly made to former Clark County Commissioner Erin Kenny after Kenny helped push through the controversial Spring Valley Casino in January 2000.

Davidson was indicted in 2005 on charges related to his alleged payment of $200,000 to Kenny for her assistance in successfully lobbying her colleagues to approve a drug store opposed by neighbors.

The government filed the superseding indictment in 2006, charging Davidson with an additional count of conspiracy. The newest count was related to Kenny's help with the casino.

Assistant U.S. Attorney Daniel Schiess argued that the new count had not exceeded the statute of limitations because Davidson demonstrated the same pattern of behavior as he continued the scheme for several years. The conspiracy carried on into 2001, when the CVS at Buffalo Drive and Desert Inn Road was approved.

Davidson's attorney, Dominic Gentile, unsuccessfully argued the drug store and casino were separate conspiracies. There is a five-year statute of limitation for such a charge, and the casino was approved in 2000, Gentile had noted.

Jury selection is expected to begin this morning.