Lawyer: No negotiation in strip club case

Jace Radke

Monday, Jan. 24, 2005 | 9:44 a.m.

Speculation that Crazy Horse Too shift manager Robert D'Apice could cut a deal with the government to implicate club owner Rick Rizzolo in racketeering charges will prove to be untrue, according to D'Apice's attorney Michael Cristalli.

"There will be no negotiations with the government on behalf of Mr. D'Apice," Cristalli said. "I don't know the government's intentions, but if you read the indictment, the racketeering charges definitely include the Crazy Horse Too, so you could assume that they plan to go after other individuals."

D'Apice, 50, and his pregnant wife, Nicole Rubino, 28, were released from federal custody by U.S. Magistrate Robert Johnston Friday evening on their promise that they would appear for future court hearings.

D'Apice was arrested Wednesday as he arrived for work at the Crazy Horse, and is charged in two federal indictments with racketeering, making false statements to a grand jury and tax evasion in connection with the FBI's ongoing investigation into violent crimes at the club.

Rubino, who is four months pregnant, turned herself in to federal authorities Thursday after being charged with tax evasion in the case. March 28 is the scheduled trial for the couple and co-defendant Paula McBride, a 27-year-old Henderson woman who is a former cocktail waitress at the club and is charged with making false statements to the grand jury.

All three pleaded not guilty, and Cristalli said he expected the trial date to be continued. Christalli and Rubino's attorney, Paola Armeni, were both retained, and McBride is represented by a Federal Public Defender.

McBride was released from custody Thursday after her arraignment, and Johnston released D'Apice and Rubino on their personal recognizance Friday, despite the federal prosecutor's contentions that D'Apice should be held at the Las Vegas Detention Center at Stewart Avenue and Mojave Road pending trial.

Cristalli argued that the five violent incidents mentioned in the indictment, including the the alleged assault of Kirk Henry, a Kansas man who was found outside the club with a broken neck in 2001, were all investigated by Metro Police and no charges were ever filed. Because of this, Cristalli argued that the factual allegations in the indictment, unless overwhelming, should be the least important factor considered in the decision to release D'Apice.

Cristalli admitted that D'Apice had been convicted of a felony in 1985 having to do with carrying a concealed weapon while working as a bodyguard for porn star Marilyn Chambers. D'Apice also has a conviction of domestic battery involving his ex-wife that dates back to 1995, Cristalli said.

Assistant U.S. Attorney Eric Johnson had no comment following the arraignments.

D'Apice was very concerned that his wife had to spend a night in jail, according to Cristalli, who met with D'Apice for about an hour prior to his arraignment Friday.

"He was very concerned because it is difficult to get medical attention and be in a detention facility," Cristalli said. "She should have never been taken into custody in the first place."

Armeni said she was shocked when she learned that Rubino was taken into custody. She added that Rubino married D'Apice in March 2004 and began dating in 2001. According to court documents D'Apice and Rubino are charged with failing to pay the government at least $40,000 in taxes from 1997 through 2004.

When asked if he had been representing D'Apice earlier, would he have let D'Apice testify before a grand jury, Cristalli said he typically does not have his clients testify to the grand jury.

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