Witnesses are unreliable, says defense lawyer in trial of alleged drug kingpin

Kim Smith

Wednesday, Jan. 26, 2000 | 9:47 a.m.

Immunity, cash, lenient sentences or the truth. Alleged drug kingpin Andre McGee's fate depends on which of those factors jurors decide prompted a handful of confessed drug dealers to turn on McGee.

McGee was indicted in May 1999 on drug conspiracy and cocaine possession charges in addition to several money-laundering counts.

During opening arguments in McGee's trial Tuesday, Assistant U.S. Attorney Walt Ayers told jurors that between 1990 and 1997, McGee bought cocaine, converted it into crack cocaine, sold it and hid the profits by purchasing real estate and cars. According to court documents, more than $1 million worth of property was purchased with drug profits over that time period.

Prosecutors said before the trial began that McGee's operation represented a significant one for Clark County.

The indictment states that area bank accounts filtered drug money which was used to purchase property near Owens Avenue and Nellis Boulevard and on West Flamingo Road between 1994 and 1997.

It also alleges that on "Aug. 1, 1991, Andre McGee possessed about two pounds of cocaine in a shoebox, which he distributed to another person later that day."

Defense attorney Thomas Pitaro, however, told jurors that his client is innocent.

"Ladies and gentlemen of the jury, God knew what he was doing when he made bearing false witness against your neighbor a sin," Pitaro said. "What this case is about is the government attempting to convict Andre McGee by using people who are guilty themselves."

The government has videotapes and audiotapes of their witnesses conducting drug business, but they don't have any such evidence against McGee, Pitaro said.

One government witness who was facing a life sentence without possibility of parole ended up with a seven-year sentence after cutting a deal with prosecutors, Pitaro said. Others got immunity or financial assistance that made it possible for them to testify. The only thing the government's evidence will prove beyond a reasonable doubt is that McGee is a gambler who builds and restores hydraulic systems for cars, Pitaro said.

Ayers told jurors "straight up" that many of the people who will be testifying against McGee have criminal records and have made deals with the government in exchange for leniency. Treat such witnesses with caution, Ayers said, but also note how detailed, reasonable and consistent their testimonies are.

The trial was to continue this morning before U.S. District Judge Justin Quackenbush.