Feds want Gentile off Malone case

Friday, May 28, 2004 | 11:14 a.m.

Federal prosecutors have secretly moved to disqualify attorney Dominic Gentile from defending former County Commissioner Lance Malone in the FBI's political corruption probe involving the activities of a local topless nightclub owner.

Prosecutors filed a motion under seal last Friday to bounce Gentile from the case, alleging he has several conflicts of interest in representing Malone and other potential witnesses in the case, sources close to the probe told the Sun.

Malone, County Commissioner Mary Kincaid Chauncey and former Commissioners Dario Herrera and Erin Kenny all have been charged with trading political influence for money and gifts from Michael Galardi, who once owned several Las Vegas strip clubs.

Malone, Kincaid-Chauncey and Herrera all have pleaded innocent, but Kenny and Galardi have pleaded guilty and are cooperating with prosecutors.

Gentile, who has been an outspoken critic of the political corruption investigation, acknowledged that the government filed a motion on Friday but, because it was filed under seal, he said he couldn't discuss it.

"I intend to challenge the truthfulness of the information upon which the government is acting," Gentile said. "I'm also going to seek to have it open to the public."

The government is acting on information provided by Galardi, who has told authorities Gentile represented him in 1996 on a topless nightclub matter in San Diego, sources said. Galardi owned Cheetahs in San Diego at the time and was trying to get officials there to relax an ordinance restricting the movements of topless dancers.

Prosecutors contend that, since Galardi is a government witness in the case, it could present a conflict for Gentile as he defends Malone. Gentile also represents Galardi's father, Jack Galardi, who was not charged in the probe, but who also could end up being a witness.

Prosecutors also are alleging that Gentile has a conflict in representing both Malone and Don Davidson, vice president of Triple Five Development Corp., who has come under scrutiny in the corruption investigation.

Natalie Collins, a spokeswoman for the U.S. attorney's office, declined comment on the motion this morning.

If Gentile is disqualified from representing Malone, it likely would cause a further delay in taking the case to trial.

In April, U.S. Magistrate Lawrence Leavitt put off a trial date this year because of the voluminous amount of evidence, primarily thousands of hours of electronic surveillance, that is being turned over to defense attorneys.

A trial isn't likely until late in 2005.

Prosecutors have alleged that the local politicians took thousands of dollars from Galardi in exchange for their votes and influence over matters involving three Las Vegas strip clubs Galardi owned at the time, Cheetahs, Jaguars and Leopard Lounge.

Malone, who became a lobbyist for Galardi after he left the County Commission in January 2001, is accused of being a "middleman" for the former strip club operator.