Car dealer subpoenaed in Mack trial

Diana Sahagun

Wednesday, July 31, 2002 | 9:26 a.m.

Courtesy Automotive dealer Joseph Scala, who is at the center of an ethics case that has dogged Las Vegas Councilman Michael Mack for more than a year, has been called to testify in the councilman's upcoming ethics trial.

Up until now Scala has been silent on the issue surrounding his $60,000 loan to Mack in the fall of 2000 to help with the councilman's mounting debt at his First Class Pawn & Jewelry store.

Mack, who is facing ethics charges in Las Vegas Municipal Court, has maintained that he thought the loan had been paid off when he voted June 6, 2001, to deny a car dealership in the northwest that would have rivaled Scala's.

According to documents filed with the Las Vegas Ethics Review Board last year, Scala, who owns land inside Town Center commercial area that had been proposed for an auto mall, met with Mack at Las Vegas City Hall several days before the council vote.

Scala, who was subpoenaed by the prosecution, could shed light on whether the loan was mentioned in their conversations.

Mack maintains that he did not learn from his accountant until after the vote that the loan was still outstanding. Mack disclosed his conflict to City Attorney Brad Jerbic and asked for the car dealership application to be reconsidered so he could abstain from voting.

East Coast dealer John Staluppi Jr.'s application to build a Nissan dealership outside the Town Center limits was denied a second time, spurring a flurry of lawsuits and ethics complaints against Mack that alleged the loan may have influenced his vote.

The Ethics Review Board in February found Mack guilty of knowingly violating the city's ethics code on five occasions when he voted to postpone and ultimately deny Staluppi's application without revealing he had an outstanding loan from Scala.

The board directed its attorney, John Graves Jr., to prosecute Mack in Municipal Court.

Scala's subpoena was contained in court documents released Tuesday, which was the deadline for attorneys to file a list of witnesses and exhibits.

Mack's attorney, Richard Wright, may call character witnesses the day of the trial, according to court documents.

According to court records, Graves has also subpoenaed one of Mack's pawn shop employees, Hattie Baker, and Councilman Larry Brown.

Previously filed subpoenas included Mike Bellon and Frank Maione, who filed ethics complaints against the councilman last summer, alleging he tried to broker a deal between Staluppi and Scala.

Two accountants, Crystal Martin and Michael Kern, have also been subpoenaed by Graves, according to court documents.

If he is found guilty, Mack, who was elected in 2001, would be removed from office and face possible fines or jail.