Gentile’s removal from case sought

Jace Radke

Friday, Sept. 10, 2004 | 11:11 a.m.

Federal prosecutors this morning argued that attorney Dominic Gentile should be removed from the political corruption case in which a sitting county commissioner and two former county commissioners were indicted.

Prosecutors argued that Gentile, who is the attorney for former Commissioner Lance Malone, has a conflict of interest because he represented strip club owner Michael Galardi in another matter and continues to represent his father, Jack Galardi.

Malone was indicted in San Diego and Las Vegas on federal corruption charges. Galardi has pleaded guilty of federal corruption charges in both cities and is cooperating with prosecutors.

The others indicted in the Las Vegas case were Commissioner Mary Kincaid-Chauncey and former Commissioner Dario Herrera. Former Commissioner Erin Kenny also has pleaded guilty of corruption charges and is cooperating with prosecutors.

Prosecutors said Gentile has another client who is the subject of another grand jury investigation, which is sealed. The prosecutors would not say who that person is but said the investigation posed another conflict for Gentile.

U.S. Magistrate Lawrence Leavitt said he would not rule today on the government's motion, which was filed in May but unsealed Thursday.

The motion says that Gentile's work for Galardi in two previous cases gave him information that could come up during cross-examination at Malone's trial.

In one case, Galardi retained Gentile in 1996 or 1997 to file a lawsuit if San Diego passed an ordinance that would limit activities in strip clubs there.

In the other case, Gentile represented strip club owners, including Galardi, in a dispute with the taxicab industry over illegal tips paid to drivers to deliver customers.

The motion says Gentile's work for Jack Galardi when the elder Galardi was seeking a city license to operate Cheetahs could pose a problem.