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Judge Hears Pretrial Motions In 'Strippergate Scandal'

Councilmen Accused Of Taking Bribes From Strip Club

POSTED: 10:27 am PST March 7, 2005
UPDATED: 4:35 pm PST March 7, 2005

A federal judge took under submission Monday a defense motion to stop prosecutors from saying that two San Diego city councilmen got "cash bribes" in return for helping to repeal a "no-touch" ordinance.

Ralph Inzunza, Michael Zucchet

Attorneys for City Councilmen Ralph Inzunza and Michael Zucchet, along with Las Vegas lobbyist Lance Malone, argued several motions in a three-hour hearing before U.S. District Judge Jeffrey Miller.

The judge was expected to issue written rulings in the coming days.

Regarding the "cash bribes" issue, Inzunza's attorney, Michael Pancer, asked the judge to make prosecutors state whether the defendants actually took "cash" as a non-campaign contribution.

Assistant U.S. Attorney Michael Wheat said money was delivered in the form of checks.

Pancer asked the judge to order prosecutors to copy and turn over to the defense all secretly recorded wiretaps, which includes more than 100,000 telephone intercepts.

Assistant U.S. Attorney John J. Rice said that has been done.

Both sides have agreed that many of the intercepts are insignificant, Miller said.

Zucchet and Inzunza, fellow Councilman Charles Lewis, Cheetah's strip club owner Michael Galardi, Cheetah's night manager John D'Intino, Malone and Lewis aide David Cowan were indicted on Aug. 28, 2003.

Galardi and D'Intino pleaded guilty and are cooperating with federal prosecutors. Zucchet and Inzunza have denied charges of wire fraud, conspiracy and extortion. Lewis died suddenly on Aug. 8, 2004 of liver disease. Cowan is charged with making a false statement to the FBI.

Inzunza and Zucchet have said that any money they received was legally reported as campaign contributions.

Jury selection is set to begin May 3.

Miller also took under submission a motion by Cowan to sever his case from the other defendants.

Wheat said Cowan played a "pivotal role" in the the case, allegedly coming up with a way to put the "no-touch" issue on the city council docket without the public knowing what was going on.

The evidence involving Cowan would be repeated throughout the eight-week trial, Wheat said.

Attorney Jerry Coughlan, representing Zucchet, urged the judge to sever two key issues in the case: whether Cheetah's officials were bribing a man they believed to be a corrupt San Diego vice detective so they would have advance notice of police raids on the club; and if elected officials were talking about trying to change legislation.

Government prosecutors have alleged that all of the events represented an "over-arching conspiracy" to repeal San Diego's "no-touch" nude dancing ordinance.

"There is evidence that they are linked," Rice told the judge.

The prosecutor said there is a "clear link" between the corrupt vice detective -- who turned out to be an FBI agent -- and efforts to get the councilmen to get the law changed.

Malone's attorney, Dominic Gentile, urged the judge to dismiss the charges due to "outrageous government conduct."

The attorney said a "fictional" situation was created when the government introduced a corrupt police officer into the strip club case.

Final pretrial motions will be heard April 20-21.

Inzunza and Zucchet made a brief statement to reporters outside the federal courthouse.

"I'm very excited about clearing my name," Inzunza said. "The truth will come put and we will prevail."

Zucchet said he was eager to clear his name and put the case behind him so a cloud can be removed from over the city's head.

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