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Strippergate trial begins in San Diego

SAN DIEGO – The long-awaited “stripper-gate” trial began Tuesday for two City Council members accused in a political corruption case that has added turmoil to a city already beset by a pension fund deficit, political bickering and the mayor’s resignation.

Deputy Mayor Michael Zucchet and Councilman Ralph Inzunza are accused of taking illegal campaign contributions from the owner and operators of a strip club called Cheetahs Totally Nude Club in exchange for promising to try to change city law to allow nude dancers to wiggle closer to patrons. Zucchet, Inzunza and Cheetahs lobbyist Lance Malone have denied the charges, saying that the contributions, which were reported on campaign disclosure forms, carried no such promise.

Much of the trial will consist of jurors listening to hours of conversations that were secretly taped by the FBI and to the differing interpretations of those tapes by prosecutors and defense attorneys.

So far, none of the conversations has shown a “smoking gun” indicating favors were promised in exchange for contributions, prosecutors said.

Rather, federal prosecutors will stress that the cozy relationship between the two councilmen and Malone was far from the norm between politicians and lobbyists and the quid pro quo involved in the contributions was an implicit understanding. The main charges against them involve alleged wire fraud – using the telephone to arrange for the contributions.

If convicted, the councilmen would be removed from office and could face four years in prison.

Jury selection is expected to take several days. U.S. District Court Judge Jeffrey Miller warned prospective jurors to avoid media coverage of the case and of the city’s political and fiscal troubles.

“This is a challenging time for city government,” Miller told them. “Set aside problems concerning the city.”

Zucchet and Inzunza, both 35, had asked that the case be heard by a judge, without a jury, but co-defendant Malone, 43, preferred a jury.

The star witness for prosecutors is Michael Galardi, 41, of Las Vegas, the owner of Cheetahs, who has pleaded guilty to trying to bribe the councilmen and a police officer, and has agreed to provide “substantial assistance” in the prosecution. He awaits sentencing.

There is no indication, however, that Zucchet and Inzunza knew that Galardi had attempted to bribe the officer in the hope that he would warn Cheetahs about vice squad raids.

Zucchet, Inzunza and Councilman Ralph Lewis, all Democrats, were indicted in August 2003 after months of surveillance and a raid on City Hall by federal agents, who carted off documents. Lewis, 37, died last year from internal bleeding related to cirrhosis.

The three were accused of receiving illegal campaign contributions after promising to help repeal the city’s “no touch” law, which requires dancers at nude entertainment parlors to wear at least G-strings and pasties when they are within six feet of customers.

The law, which was adopted by the City Council in 2000, reduced profits for the club and its dancers.

Legal experts have said that the case is unusual because it involves only campaign contributions, not allegations of cash under the table or other favors for personal use.

Knowing the difficulty of persuading jurors that a contribution is a bribe, prosecutors often will not file charges unless they can point to money given for personal use.

Federal authorities were investigating the pornography and strip club industry in Las Vegas when the San Diego councilmen were heard on wiretaps talking to Galardi and Malone.

The defense is expected to argue that Galardi may have thought that he was buying votes, but that the councilmen did not accept bribes.

The indictment contains snippets of the conversations, including one in which Galardi allegedly asked Malone about Zucchet’s election opponent: “Who’s the guy he’s running off? We could bribe him too.”

According to court documents, the councilmen’s conversations with Galardi and Malone appear less incriminating, although there is allegedly talk of needing campaign money and developing a strategy to get the “no touch” law repealed.

Miller has set a Tuesday-to-Friday schedule for the trial that will allow Zucchet and Inzunza to attend council meetings.

Also in San Diego on Tuesday, former police chief Jerry Sanders became the second announced candidate to replace Mayor Dick Murphy, joining Councilwoman Donna Frye in the race.

Sanders, 54, was chief from 1993 to 1999. Later he became president of the local United Way and is now on the board of the local Red Cross chapter.

The City Council on Monday set July 26 for an election to choose a replacement for Murphy, whose resignation becomes effective July 15.

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