Councilmen Face 'Complex' Case
Lawyers Ask Judge For More Time To Prepare
POSTED: 2:18 p.m. PDT October 23, 2003
UPDATED: 5:19 p.m. PDT October 23, 2003
SAN DIEGO -- The case involving three San Diego city councilmen accused of taking a strip club owner's bribes to try to repeal a "no touch" ordinance should be declared complex, attorneys for the defendants said Thursday.
Attorney Michael Pancer, representing Councilman Ralph Inzunza, told U.S. District Judge Jeffrey Miller that he and the attorneys for Councilmen Michael Zucchet and Charles Lewis could not prepare for trial until affidavits in support of wiretaps and search warrants are unsealed and released to the defense.
Inzunza, Lewis, and Zucchet, as well as Las Vegas and San Diego strip club owner Michael Galardi, were indicted Aug. 28.
"We can't be held hostage as to what they're doing in Las Vegas," Pancer told the judge.
Lewis attorney Frank Ragen said there are "huge amounts" of secretly recorded phone conversations and wiretaps on compact discs and audiotapes that need to be heard.
"We really don't know what we have on each one," Ragen told the judge.
Miller said he was leaning toward declaring the case "complex," and would issue a written order addressing that.
Such a declaration would mean the case would not have to go to trial within 70 days of the indictment, said Zucchet attorney Jerry Coughlan.
The judge said he would schedule "status" conferences every 45 to 60 days to keep the case on track. The next is set for Dec. 11.
Also indicted were Galardi lobbyist Lance Malone, Cheetahs night manager John D'Intino and David Cowan, an aide to Lewis.
The councilmen are charged with federal wire fraud and conspiracy charges. Zucchet and Inzunza are also charged with extortion.
Cowan is charged with making a false statement to the FBI.
Galardi and D'Intino pleaded guilty and agreed to testify against the others.
According to the indictment, Galardi, D'Intino, and Malone allegedly paid an undercover police officer, who they believed was on the take, for advanced notice of public inspections of Cheetahs in Kearny Mesa, Calif.
Attorneys for the councilmen said any payments the trio received were legally reported as campaign contributions.
The judge said he was leaning toward denying a defense motion to sever the case against the councilmen from Malone, but said he would wait until later before ruling.
Coughlan told reporters that he felt confident that he eventually could win the motion to sever, once the judge has a chance to hear about the government's case.
Coughlan called "vague" a federal statute under which the councilmen are accused of denying citizens of their right to honest services.
The 9th U.S. Circuit Court of Appeals, whose cases dictate federal law in the region that includes California, has ruled that the statute involving honest services is constitutional.
Coughlan said the 2nd U.S. Circuit Court of Appeals in New York is looking at a case involving the same issues. He said the issue -- which he raised in case of appeal -- will one day go to the U.S. Supreme Court.
Lewis, Inzunza and Zucchet -- as well as Cowan and Malone -- all left the federal courthouse without comment.
Attorney Michael Pancer, representing Councilman Ralph Inzunza, told U.S. District Judge Jeffrey Miller that he and the attorneys for Councilmen Michael Zucchet and Charles Lewis could not prepare for trial until affidavits in support of wiretaps and search warrants are unsealed and released to the defense.
Inzunza, Lewis, and Zucchet, as well as Las Vegas and San Diego strip club owner Michael Galardi, were indicted Aug. 28.
"We can't be held hostage as to what they're doing in Las Vegas," Pancer told the judge.
Lewis attorney Frank Ragen said there are "huge amounts" of secretly recorded phone conversations and wiretaps on compact discs and audiotapes that need to be heard.
"We really don't know what we have on each one," Ragen told the judge.
Miller said he was leaning toward declaring the case "complex," and would issue a written order addressing that.
Such a declaration would mean the case would not have to go to trial within 70 days of the indictment, said Zucchet attorney Jerry Coughlan.
The judge said he would schedule "status" conferences every 45 to 60 days to keep the case on track. The next is set for Dec. 11.
Also indicted were Galardi lobbyist Lance Malone, Cheetahs night manager John D'Intino and David Cowan, an aide to Lewis.
The councilmen are charged with federal wire fraud and conspiracy charges. Zucchet and Inzunza are also charged with extortion.
Cowan is charged with making a false statement to the FBI.
Galardi and D'Intino pleaded guilty and agreed to testify against the others.
According to the indictment, Galardi, D'Intino, and Malone allegedly paid an undercover police officer, who they believed was on the take, for advanced notice of public inspections of Cheetahs in Kearny Mesa, Calif.
Attorneys for the councilmen said any payments the trio received were legally reported as campaign contributions.
The judge said he was leaning toward denying a defense motion to sever the case against the councilmen from Malone, but said he would wait until later before ruling.
Coughlan told reporters that he felt confident that he eventually could win the motion to sever, once the judge has a chance to hear about the government's case.
Coughlan called "vague" a federal statute under which the councilmen are accused of denying citizens of their right to honest services.
The 9th U.S. Circuit Court of Appeals, whose cases dictate federal law in the region that includes California, has ruled that the statute involving honest services is constitutional.
Coughlan said the 2nd U.S. Circuit Court of Appeals in New York is looking at a case involving the same issues. He said the issue -- which he raised in case of appeal -- will one day go to the U.S. Supreme Court.
Lewis, Inzunza and Zucchet -- as well as Cowan and Malone -- all left the federal courthouse without comment.
Previous Stories:
- October 21, 2003: Councilmen Claim Government Set Them Up
- September 11, 2003: Judge Appoints City Councilman With Lawyer
- September 5, 2003: City Council Scandal: Plea Bargains In Works?
- September 3, 2003: Strip Club Lobbyist Pleads Not Guilty
- September 2, 2003: Strip Club Employee Admits To Conspiracy
- September 2, 2003: Council Meets For First Time After Indictments
- August 29, 2003: Council Members Plead Not Guilty To Charges
- August 26, 2003: City Hall Investigation: Is It Over Yet?
- August 26, 2003: Strip Club Lobbyist Gets 63 Calls From Council Offices
- August 12, 2003: Campaign Contributions: What's Forbidden?
- July 16, 2003: Strip Club Allegedly Bundles Contributions
- July 11, 2003: Testimony: Contributions Reimbursed With Cash
- July 11, 2003: Employees, Relatives Of Strip Club Owner To Testify
- June 23, 2003: Calendars Reveal Meetings With Strip Club Lobbyist
- June 13, 2003: Current, Former Council Staffers Testify Before Grand Jury
- June 6, 2003: Stevens Testifies Before Grand Jury
- May 30, 2003: City Council Staffers Testify Before Grand Jury
- May 22, 2003: Former Councilman Met With Strip Club Lobbyist
- May 21, 2003: Local Strip Club Tied To Mob?
- May 20, 2003: Were Strippers Tipped-Off About Inspections?
- May 20, 2003: Constituents Comment On City Council Investigation
- May 19, 2003: Councilmen Claim They've Done Nothing Wrong
- May 19, 2003: Grand Jury Resumes City Council Probe
- May 18, 2003: Federal Grand Jury Hears Council Member Testify
- May 16, 2003: Strip Club Warrant Details Revealed
- May 15, 2003: Mayor: Despite Raid, Business Of City Continues
- May 15, 2003: 3 City Council Offices, Strip Club Raided By FBI
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