Inzunza, Zucchet Prepare To Appeal Convictions
Men Remain Free Pending Sentencing
POSTED: 6:37 am PDT July 19,
2005
UPDATED: 6:28 pm PDT July 19,
2005
SAN DIEGO -- Ralph Inzunza and Michael Zucchet prepared Tuesday to appeal their convictions in hopes of staying out of prison.
The two were automatically suspended from office after their convictions Monday on conspiracy, wire fraud and extortion charges.
The verdicts came on the day when Zucchet was to have become interim mayor, replacing Dick Murphy, who stepped down July 15, pending an election to find a successor.Inzunza and Zucchet, along with Las Vegas lobbyist Lance Malone, were convicted at the end of a federal trial that lasted more than two months. A jury acquitted a fourth defendant, David Cowan, of making a false statement to the FBI.Cowan was an aide to the late Councilman Charles Lewis, who was indicted with his council colleagues in August 2003 but died last August of complications from liver disease.Inzunza, Zucchet and Malone are free pending a Nov. 9 sentencing date before U.S. District Judge Jeffrey Miller.U.S. Attorney Carol Lam would not speculate on what kind of sentence the government would recommend for any of the defendants.The eight-man, four-woman jury deliberated parts of four days before convicting the three."It was very hard on all of us," said juror Niki Coates, a 59-year-old retiree. "We feel for all the families involved."But, Coates said, "Justice was done. It was the right verdict. We had no other recourse but to find them guilty."Inzunza was convicted of one count of conspiracy to commit honest services wire fraud, nine counts of wire fraud and three counts of extortion. Jurors acquitted him of 24 wire fraud counts.The jury found Zucchet guilty of one count of conspiracy to commit honest services wire fraud, five counts of wire fraud and three counts of extortion, but acquitted him of 28 additional wire fraud counts.Malone was convicted of one count of conspiracy to commit wire fraud, 33 counts of wire fraud and three counts of extortion. The jury acquitted the lobbyist of two counts of interstate travel in aid of racketeering.Conspiracy to commit wire fraud carries a maximum of five years in prison and a $250,000 fine. Each count of wire fraud and extortion carries a maximum of 20 years in prison and a $250,000 fine. The sentences can run concurrently.Jerry Coughlan, Zucchet's attorney, said his client won't resign from the City Council until there is a decision on an appeal in the case."He doesn't need to resign," Coughlan said. "Under the government code he was automatically suspended. He's not going to resign because if the judge were to grant a new trial, then he is reinstated automatically."Coughlan said the councilman wasn't doing anything that other politicians don't do in trying to run a campaign and decide on legislation, except he was secretly tape-recorded.Inzunza said he would continue to fight."I believe that I have done nothing wrong," Inzunza said. "I believe what I did was all within the law. It was within the political structure that we have here in San Diego, here in California, here in the United States of America."Both Inzunza's attorney, Michael Pancer, and Coughlan said they will appeal.Prosecutors said the councilmen took money from strip club owner Michael Galardi in exchange for a promise to vote for the repeal of San Diego's "no-touch" nude dancing ordinance.Galardi testified that he gave thousands of dollars in cash and checks to the councilmen to try to bribe them.Galardi and the manager of Cheetah's in San Diego, John D'Intino, pleaded guilty in 2003 to conspiracy to commit wire fraud.Prosecutors told the jury that Inzunza, Zucchet and Lewis "schemed" to deprive the city of San Diego of honest services by promising to vote for the repeal of "no-touch" after Galardi gave them money for their campaigns.They alleged Cowan did not tell authorities of his discussions with Malone regarding "no-touch" when they first interviewed him after raids at City Hall in May 2003.The "no-touch" ordinance, enacted in October 2000 and still in effect, prohibits any contact between dancers and patrons at adult entertainment clubs.Attorneys for the Inzunza and Zucchet argued that the government failed to prove there was an "explicit and unambiguous" agreement between the parties to exchange money for votes.Malone's attorney, Dominic Gentile, contended his client was misled by FBI informant Tony Montagna into believing that the police department did not support "no-touch" and wanted the law changed back to less specific "lewd and lascivious" standards.
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