Posted on 03/11/2005 12:03:54 PM PST by NormsRevenge
The judge in the San Diego City Hall corruption case ruled against the defendants yesterday on their most significant pretrial requests, including motions to throw out wiretap recordings and to split the case into separate trials.
The defense had asked that the wiretaps be ruled inadmissible because an FBI agent failed to disclose on wiretap applications that defendant Lance Malone made statements showing his ignorance of a criminal conspiracy, in particular a comment that "nothing illegal" was going on.
U.S. District Judge Jeffrey T. Miller dismissed that argument, concluding that the judge who approved the wiretap applications "had substantial basis for concluding that probable cause existed to authorize the wiretaps."
San Diego City Councilmen Ralph Inzunza and Michael Zucchet are accused of accepting money from strip club owner Michael Galardi and his employees in a scheme to abolish a law prohibiting touching between dancers and patrons.
In all, Miller rejected 13 defense motions, including two to dismiss the case because of alleged prosecutorial misconduct. Miller granted six defense motions, mostly regarding housekeeping matters related to jury questioning and witness lists. The government was ordered to provide witness, exhibit and expert lists to the defense about a month before the May 3 trial – earlier than is routine.
"We're pleased with the court's rulings and we're looking forward to trial on May 3," said Assistant U.S. Attorney John Rice, one of four prosecutors on the case.
While the rulings on their face might seem a setback for the defense, most legal experts familiar with the case said they hadn't expected any of the important motions – many of them routine – to be successful and therefore the denials would not affect the case significantly.
For instance, it is routine in a case involving wiretaps for the defense to challenge their admissibility. While a successful challenge would profoundly alter the case, the failure hasn't changed anything because the outcome was anticipated, the legal experts said.
Defense attorneys said yesterday they were not disheartened or concerned.
"Overall, we are pleased that we are going to get the material we need to prepare for this trial in a timely fashion and this case is going to be decided not by paperwork but by a jury and we're looking forward to getting our opportunity to talk to the jury," said Michael Pancer, lawyer for Inzunza.
Inzunza, Zucchet and Councilman Charles Lewis were indicted by a federal grand jury Aug. 28, 2003, on charges that they schemed with Galardi, club manager John D'Intino and Galardi's Las Vegas-based consultant, Malone, to try to repeal the no-touching law at strip clubs in exchange for money and favors.
Lewis, 37, died Aug. 8 of internal bleeding related to cirrhosis of the liver.
Galardi and D'Intino have pleaded guilty and are cooperating with the government. They admitted paying cash bribes to San Diego vice detective Russ Bristol, whom they believed to be corrupt, to warn them of upcoming vice inspections at Cheetahs strip club.
The councilmen deny accepting cash bribes. They say any money they received was in the form of legally reported campaign contributions and that they never promised anything in return. And, they say they had no knowledge of the bribery of the police officer.
Miller granted a defense request that prosecutors turn over handwritten notes taken by an FBI agent during an interview of Zucchet the day agents searched his and Inzunza's City Hall offices.
Zucchet's attorney said he was very happy with that ruling.
"The government does not tape-record such meetings, unlike most law enforcement agencies," attorney Jerry Coughlan said. "They write a summary. We felt the best evidence of what they say he said is the actual notes, and we feel that's very important.
"I think (the rulings) helped us. A lot of motions have to be made in the criminal process to preserve a record for appeal" and to educate the judge, Coughlan said, and "this judge obviously is (educated). His rulings are very neutral. I don't feel a setback at all. I'm actually pretty encouraged."
Malone's lawyer, Dominic Gentile, declined to comment.
Miller granted a defense request that prosecutors produce lists of its expected witnesses plus trial experts, their qualifications and opinions by April 1.
Attorneys for Zucchet and Inzunza had sought to split the case in two, severing the alleged no-touching scheme from the bribery of the police officer. They reasoned that the councilmen were not involved in the bribery and that their case would be unfairly prejudiced by it.
The government opposed the split, saying the two matters are part of the same overarching effort to get rid of the no-touching rule, but in the meantime get around it by bribing a police officer in exchange for warnings of vice inspections. Vice detectives look for violations of the no-touch rule during their inspections.
Miller ruled that the defense failed to demonstrate the councilmen would be subjected to "clear, manifest or undue prejudice."
The rulings make way for the final round of pretrial motions, scheduled to be argued before the judge April 20-21.
Is this the big victory I think it is ..??
lol.. The way the courts are run these days, I wouldn't bet the farm on it.
Okay! I was hoping these crooks would finally get their comeuppance!!
You can't tell with courts. When the first jury convicts, then we can be assured something's actually happening to clean up city hall.
Going, Going, Almost Gone!!!
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