Herrera won’t comment on probe

Wednesday, May 21, 2003 | 10:54 a.m.

Former County Commissioner Dario Herrera declined Tuesday to say whether he has been notified that he is a target of the FBI investigation into possible payments to politicians by a local strip club owner.

Herrera also would not say during an interview on Las Vegas ONE, Cox cable Channels 1 and 39, whether he has been subpoenaed or expected to be subpoenaed to testify before a grand jury in connection with the case.

A grand jury that met Tuesday at the George Federal Building is handling the case, but none of the current or former elected officials named in the Galardi investigation search warrants attended. Assistant U.S. Attorney Eric Johnson, the prosecutor assigned to the case, was seen heading into and out of the grand jury room Tuesday.

One of the search warrants served last week noted that agents were looking for documentation of payments to Herrera; his wife, Emily; former County Commissioner Erin Kenny; Las Vegas Councilman Michael McDonald; County Commissioner Mary Kincaid-Chauncey; her husband, Robert; and unnamed building inspectors.

Last week Kincaid-Chauncey told the Sun that she had received $5,000 from Galardi for a trust fund, but she refused to elaborate and she has since quit talking about the matter.

Kincaid-Chauncey refused to speak to reporters about the case after a County Commission meeting Tuesday but said she would make a public statement this morning.

Herrera, meanwhile, appeared on Tuesday's 9 p.m. Las Vegas ONE news broadcast and repeatedly refused to answer questions about whether he had been told he was a target of the probe or whether had received a subpoena.

"My attorneys have advised me not to comment on any aspect of the investigation and I will honor their instructions," he said. "I welcome the opportunity to comment when my attorneys will allow me."

Herrera said his lawyers are Eric Goodman, the son of Las Vegas Mayor Oscar Goodman, and David Brown.

Asked if the federal investigation was hampering his public relations business, Herrera replied, "Absolutely not."

"Anytime there is any controversy, of course there is concern. You just have to go on with your life," he said.

McDonald, who is in a heated re-election campaign, has repeatedly said that he has not been told that he is a target and that he is cooperating with the investigation. The FBI has refused to confirm or deny that.

McDonald has acknowledged that he was receiving monthly payments from his "longtime friend" Galardi for business consultation services.

McDonald and his lawyer, Richard Wright, have refused to say whether McDonald has been subpoenaed by the grand jury.

County officials said Kincaid-Chauncey has now hired Wright to also represent her in connection with the investigation.

On Tuesday Sheriff Bill Young said Metro officers helped with the FBI's probe when it began about two years ago, but the department has been less involved as the investigation revealed that three former Metro officers were linked to the alleged corruption.

Malone spent about five years as a Metro motorcycle officer, McDonald was an officer for about 10 years and Robert Chauncey, husband of Kincaid-Chauncey, is a retired officer.

Young said when he was running for sheriff last year, owners of topless clubs "tried to put money in my pocket." He refused the money, he said.

The San Diego FBI office is driving the investigation, Young said, and the local FBI office is assisting them.

"The violations are stronger and more devious in San Diego," Young said.