Columnist Jeff German: Phone tapes put corruption trial on hold

Tuesday, April 27, 2004 | 10:47 a.m.

Nearly six months after federal indictments were returned in the most compelling political corruption investigation here in more than two decades, no trial date is yet in sight.

And because the key evidence remains under a court-ordered seal, we know little more about this case than we did six months ago and aren't likely to learn much more for some time.

After hearing about the massive amount of evidence prosecutors have either turned over or are preparing to turn over under seal to defense lawyers, U.S. Magistrate Lawrence Leavitt said from the bench Monday that it was "unrealistic" to think a trial could be held this year.

We'll be lucky if we even see one next year.

"This is just going to be an extremely time-consuming process," Leavitt said during a status check in the well-publicized case, which focuses on the activities of former strip club operator Michael Galardi, who now is cooperating with the government.

Leavitt's words were actually an understatement.

Prosecutors and defense lawyers estimated Monday that FBI agents intercepted about 120,000 conversations during three years of probing Galardi and his ties to politicians in Las Vegas and San Diego. Three former county commissioners and one current commissioner were indicted here.

Most of the intercepted conversations were secretly recorded on telephones used by Galardi and his big-spending lobbyist, former County Commissioner Lance Malone.

Assistant U.S. Attorney Dan Schiess, the lead Las Vegas prosecutor, told Leavitt that the government has 57,000 intercepts just from Malone's phones. That's a lot of talking.

But these days, as he fights corruption charges in both Las Vegas and San Diego, Malone isn't doing much talking.

Instead, according to his attorney, Dominic Gentile, he's doing a lot of listening.

Malone is spending eight hours a day five days a week with an investigator in Gentile's office poring over compact discs filled with hours upon hours of the intercepted conversations (many his own) that the government has turned over to the defense.

Lately, Gentile said, Malone and the investigator, Phil Musso, an ex-Chicago cop, have been listening to the undercover exploits captured on tape of a shadowy FBI witness named Tony Montagna.

And apparently they've been getting an earful.

Montagna, it turns out, wore a body wire eight hours a day for 18 months while simultaneously working as an FBI operative and heading up security at Galardi's three topless joints, Cheetahs, Jaguars and Leopard Lounge.

If this case ever goes to trial, the government only plans to introduce several hundred of the 120,000 tapes it has accumulated. But that doesn't save the defense any work. It still has to listen to all of the tapes to properly prepare its own case.

That "formidable task" probably won't be completed until early next year, Gentile said.

After the hearing, Gentile said it was possible a trial could take place in November 2005, but he didn't want to be held to that prediction.

The only thing we know for sure is that months and months of tedious legal work lie ahead.

And that it will be months and months before the public gets a chance to see what really happened in this case.