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Defense: Councilman Didn't Take Bribes

Three Councilmen Indicted For Wire Fraud, Conspiracy

POSTED: 3:32 pm PDT July 1, 2004
UPDATED: 3:35 pm PDT July 1, 2004

Prosecutors don't have any direct evidence that a San Diego city councilman took bribes from a strip club owner in return for support of the repeal of a "no-touch" law, a defense attorney said Thursday.

Jerry Coughlin, who represents Councilman Michael Zucchet, spoke to reporters outside the federal courthouse after a 90-minute motions hearing for Zucchet and councilmen Charles Lewis and Ralph Inzunza.

"The Supreme Court has ruled that if a candidate accepts campaign contributions, and then later on votes in favor of whatever that lobbyist wanted, that is not evidence of a bribe," Coughlin said. "Otherwise every single politician, every single public official, would be guilty of a bribe every time that happens. There has to be an explicit promise."

Coughlin said he has listened to all secretly recorded conversations involving Zucchet and has found none in which the councilman promises to do anything in return for a campaign contribution.

"It doesn't promise anything, or agree to anything," Coughlin said of the recorded intercepts.

Zucchet, Lewis and Inzunza were indicted last Aug. 28 on charges of wire fraud and conspiracy to commit wire fraud. Zucchet and Inzunza are also charged with extortion.

"I can't wait until this is over," Zucchet said outside court. "The sooner it gets over, the sooner our names are cleared, and that's the goal. In the meantime, while many of us are frustrated with how long the process takes, I have a great deal of faith in that process."

U.S. District Judge Jeffrey Miller took under submission a defense motion asking federal prosecutors to turn over all material related to conversations between a government informant and his attorney.

The judge also took under submission a defense motion for prosecutors to turn over all receipts and payments from the government witness.

Defense attorneys also asked Miller to rule on a motion asking prosecutors to turn over all states involving their clients related to alleged bribes.

Assistant U.S. Attorney Michael Wheat told the judge that prosecutors have given defense attorneys everything to which they are entitled.

"What they want is for us to detail how we're going to prove (our case)," Wheat said. "They accepted a thing of value in exchange for repeal of no-touch. The evidence is clear on what they did."

The indictment alleges that Cheetahs owner Michael Galardi, lobbyist Lance Malone and San Diego Cheetahs night club manager John D'Intino sought the repeal of the "no-touch" provision of San Diego's Nude Entertainment ordinance, particularly as it applied to Galardi's Cheetahs club in Kearny Mesa.

The indictment alleges that Galardi, Malone and D'Intino paid money to an undercover San Diego police vice detective, and to the three councilmen, to influence them in the performance of their duties.

The councilmen have maintained that any money they received were campaign contributions.

Galardi and D'Intino have pleaded guilty and are cooperating in the case.

Wheat said defense attorneys should have all transcripts by Labor Day. A hearing on wiretap evidence is expected in December.

The defendants will next be in court for a status conference on Aug. 26.

A trial is not expected until sometime next year.


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