Thursday, Sept. 2, 2004 | 10:44 a.m.
The summary of a Justice Department investigation into alleged misconduct by the prosecutor who was handling the ongoing political corruption case involving Clark County commissioners and a former strip club owner will be released in its entirety to defense attorneys.
A federal judge in San Diego ordered prosecutors Tuesday to provide the summary of reports by the Justice Department's Office of Professional Responsibility to defense attorneys and denied a motion for a gag order that would prevent the attorneys from sharing the summary.
According to the order filed by U.S. District Judge Jeffrey Miller, there is no basis to redact Assistant U.S. Attorney Eric Johnson's name from the summary.
Johnson, head of the District of Nevada's Organized Crime Strike Force, was investigated after allegations surfaced that he had failed to disclose gifts from former strip club owner Michael Galardi. Johnson was assigned to prosecute the political corruption case involving Galardi and a group of local politicians, but was removed from the case and replaced by Assistant U.S. Attorney Dan Schiess last year.
Last month Miller had ruled that lawyers for former Clark County Commissioner Lance Malone and two San Diego city councilmen charged in a parallel probe would be allowed to look at the summary, but did not rule on a government motion for a gag order on the attorneys.
Dominic Gentile, Lance Malone's attorney in San Diego and Las Vegas, said that he hasn't seen the summary yet, and would have to look at it before he considered releasing it to the public. Michael Pancer, attorney for indicted San Diego City Councilman Ralph Inzunza, said this morning that he had not yet seen a copy of the summary.
"I'm supposed to get it forthwith," Pancer said.
Reached this morning, Johnson said he had no comment on the report summary. In the past Johnson has said that he had never been in any of Galardi's clubs and had never met Galardi prior to the accusations.
Johnson has said that he was removed from the case because of the potential conflict of interest created by a prosecutor handling a case against someone accusing him of wrongdoing.
Last fall Johnson said he had received a letter from the Office of Professional Responsibility that stated the investigation was completed and that the allegations against him were not supported by a preponderance of the evidence.
Johnson, however, refused to provide the Sun with a copy of the letter.
Johnson was removed as the prosecutor in the Las Vegas case against Malone, Clark County Commissioner Mary Kincaid-Chauncey and former Clark County Commissioner Dario Herrera. The defendants are accused of taking bribes from Galardi in exchange for political favors.
Galardi and former Clark County Commissioner Erin Kenny have pleaded guilty in the Las Vegas political corruption case, and Galardi has also pleaded guilty in San Diego.
Miller's order states that the "information at issue is not inflammatory and does not prejudice the parties' right to a fair trial."
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