 |
| ABOUT US | PRACTICE GROUPS | LOCATIONS | CONTACTS |
|
September 29, 2003 By Jane Ann Morrison POLITICAL NOTEBOOK: Ashcroft edict's impact on local corruption scandal uncertain One week ago, U.S. Attorney General John Ashcroft advised U.S. attorneys to seek plea bargains only in limited circumstances and urged them to pursue the most serious charges and penalties. His memo won't affect the plea bargain agreement topless club owner Michael Galardi struck in San Diego on Sept. 7 or the one struck in July by former Clark County Commissioner Erin Kenny, who told friends she was becoming a cooperating witness after the Review-Journal reported a sealed case where she was a named defendant. What's uncertain is the impact Ashcroft's memo will have on negotiations in Las Vegas with other grand jury targets and subjects who might have been and still may be considering pre-indictment plea negotiations. Ashcroft's memo seemed to come at a sensitive time for those talks. Defense attorney Frank Cremen, who represents Kenny, doubted that in any ongoing cases the federal prosecutors would yank pending plea bargain offers off the table. 'But they might say, 'Look, it's not going to get any better than this.' ' Cremen assumed the memo would affect every case being handled from the date of the memo. Ashcroft said there are six exceptions for plea bargains, including an exception for defendants like Galardi who agree to cooperate and provide 'substantial assistance' to the government's investigation. Houston defense attorney Doug McNabb said that might preserve any plea bargain offers which are on the table in Las Vegas but have not been accepted. McNabb, an attorney who focuses on federal white-collar crime, said as far as the corruption case in Nevada is concerned, 'with the new edict, if there are more serious charges that the targets out of Las Vegas could be facing, the government is compelled to bring those more serious charges, absent an approval for not doing so.' Attorneys representing Galardi, Clark County Commissioner Mary Kincaid-Chauncey, former Las Vegas Councilman Michael McDonald and former Commissioner Dario Herrera aren't saying whether their clients are engaged in pre-indictment negotiations. Dominic Gentile, who represents former County Commissioner Lance Malone, said the only agreement Malone has entered into with the government 'is the agreement to go to trial.' When it comes to negotiating, Gentile said, 'the door has always been open for the government to dismiss the case.' Like Galardi, Malone was indicted in San Diego, but he pleaded innocent to charges involving bribery of three San Diego city councilmen. Gentile said one week ago he'd been told by federal officials that indictments are 'imminent' here, but when asked to define imminent, Gentile said, 'when it happens, it happens.' He dismissed as a 'total waste of time' speculation of when indictments might be returned. Gentile said that while he can't tell for sure, it appears the government is focusing on the strip club aspect of the corruption investigation, and not the developers. Sources have said that Kenny's cooperation will turn the investigation toward whether developers paid bribes for zoning favors. Meanwhile, Nevada's U.S. Attorney Dan Bogden declined to comment on the impact Ashcroft's plea bargain memo will have on his office in general. Nationwide, U.S. attorneys settle 95 percent of their criminal cases with plea bargains. Justice Department statistics from 2001 show that Nevada had 612 convictions that year. They do not show how many of those convictions are settled through trials or through plea bargains. District 29 contest Henderson Assemblyman Josh Griffin's decision against seeking re-election in District 29 is setting up an early contest between two Hispanic Republicans: Luis Valera and Anthony Bandiero. Valera already has heavyweight political consultant Mike Slanker on his side, promising to help him in any way he can. 'Luis took one for the team last time,' Slanker said, referring to Valera's decision not to force Walter Andonov into a GOP primary in his Henderson district. Instead, Valera ran in District 17 in North Las Vegas, a district far less favorable to a Republican, and lost to Democrat Kelvin Atkinson. Andonov glided to victory in District 21. Valera 'is a genuinely good, good person, and he worked his tail off last time,' Slanker said. 'I hope everyone remembers what he did. We'll be there for him.' District 29 is heavily Republican. Valera, a financial adviser, said Friday he has a house in the district and 'we will be running from home base. We're from Henderson and that's where we want to be and live.' Bandiero, a government affairs legislative researcher, said he was raised in Henderson 'and I'm not hopping districts.' Bandiero said that while the GOP may feel some gratitude to Valera and support him, Assembly races are won by hard work. 'I can out-walk him two to one,' he added. Del Papa update Since stepping out of politics in January, former Attorney General Frankie Sue Del Papa is traveling, teaching university classes, taking classes on her own, doing repairs on her house and enjoying not being in politics. Del Papa said that during the legislative session, she ran into Sen. Bill Raggio, R-Reno, and 'he didn't even say hello, he just said, 'You are so lucky.' ' So who is paying the bills for the ex-attorney general who used her office to fight teen pregnancy and teen smoking? Jack Daniels. Del Papa said she has taken on a government affairs consulting contract with the liquor company. But she's not promoting drink. She works on the company's national alcohol awareness campaign. | |