SAN DIEGO -- An attorney for City Councilman Charles Lewis said his client was encouraged by the government to strike a deal. Lewis insists he is innocent and apparently wants his day in court.
Lewis' attorney added that government prosecutors encouraged several defendants in the City Hall scandal to make a deal. But so far, only one has accepted a plea bargain. Speculation persists that another deal may be in the works.
The day John D'Intino, (pictured, left), pleaded guilty in a deal that saved him from a minimum 30 years in prison, strip-club lobbyist Lance Malone, (pictured, far left), entered the federal building that houses the U.S. Attorney's Office. Malone's attorneys refused to say if he made a deal, but after pleading not guilty Sept. 3, marshals allowed him to exit through a rear door and avoid the media. Malone is a key player in the government's case.
Prosecutors said Malone is the man who took illegal campaign contributions from strip-club owner Mike Galardi and delivered the money to City Council members.
Malone fits the profile of a defendant the government would like to have cooperating, 10News reported.
Former U.S. attorney Charles LaBella described the process of negotiating a plea bargain.
"It starts out by the lawyer for the defendant making an offer," LaBella explained. "The prosecutor gets an idea what to expect from that cooperation. The next step usually is for the prosecutor to have the defendant, soon-to-be witness, come in and actually give a face-to-face proffer. Nothing that the person says that day can be used against him because there is no cemented deal yet."
LaBella called the process "footsies" -- the prosecution and the defendant talk about what could be offered. If the deal is struck, the promises are put on paper.
"It can take months. It can take hours," LaBella said.
Generally, prosecutors start at the bottom of the case by offering deals to lower-level defendants in hopes to getting them to testify against others that the government feels are bigger players.
According to Las Vegas news reports, Galardi is trying to negotiate a deal. But legal observers in San Diego think that is highly unlikely.
In the San Diego investigation, prosecutors consider Galardi one of the principals in the alleged scheme.
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Gov't Making Plea Bargains?
