Defense begins for real estate consultant
Donald Davidson’s legal team launched his defense Tuesday by attempting to distance the real estate consultant from daily negotiations that led to a controversial CVS Pharmacy at Buffalo Drive and Desert Inn Road.
Two investors in the property told jurors that land broker Tommy Fehrman, who was in negotiations to buy the five-acre parcel in 2001, led the effort to change the zoning from residential to commercial.
Mark McIntosh, who was a principal partner in Fehrman’s company Desert West Plaza, said he knew little about the zoning process that led to the pharmacy.
“I had nothing to do with the zoning,” McIntosh said. “To the best of my knowledge, it was Tom Fehrman.”
Federal prosecutors allege that Davidson banked on his relationship with then-Clark County Commissioner Erin Kenny to push through the zoning change. A 2005 indictment charges Davidson with paying Kenny $200,000 for her assistance.
He also is accused of delivering to Kenny $3,000 a month for nearly three years after she supported Triple Five Development Corp.’s proposal to build a casino in the Spring Valley neighborhood. The indictment also charges him with attempting to bribe former Las Vegas City Councilman Michael McDonald.
Davidson’s attorney, Dominic Gentile, has told the jury that Fehrman arranged the generous payoff to Kenny.
Gentile said Fehrman was involved in a separate zoning change request one year later. At about that time, Kenny’s father told her accountant that the commissioner was expecting another $200,000, the accountant testified. Gentile said Fehrman is the only businessman involved in both requests for zoning changes.
Fehrman lawyer Charles Kelly blasted Davidson for accusing Fehrman of wrongdoing.
“Mr. Davidson has apparently decided to try to blame someone else for his own failure to declare his income as well as his bribing another elected official,” Kelly said Tuesday. “Attacking Mr. Fehrman is the transparent effort of a man blaming another for his own self-inflicted wounds.”
In court Tuesday, Gentile questioned McIntosh and investor Fred Lessman about whether Fehrman disclosed to them that he paid Davidson $200,000 in success fees for negotiating zone changes on the CVS land and gave him 15 percent interest in the property.
Both men said Fehrman did not disclose that information, but each witness testified that he did not believe Fehrman was obligated to do so. McIntosh and Lessman have invested in property with Fehrman for years and said they trust him implicitly.
Gentile called county planning manager Mario Bermudez to the stand to testify about a the second controversial zoning change that took place at the end of 2002. Fossil Properties sought the zoning amendment on 32 acres near Tenaya Way and Sunset Road.
Bermudez testified that county planning staff and McCarran International Airport administrators strongly opposed changing the zoning to residential.
Kenny made the motion to approve the change and four other commissioners backed her. One of the commissioners, Bruce Woodbury, objected to the project but voted in favor of it so he would have the ability to place it on another agenda for reconsideration.
Woodbury waited until Kenny was out of office, had the commission reconsider the item, and the zoning change was reversed.
Gentile also brought to the stand friends of Davidson’s from his native Akron, Ohio.
Ron Tedeshi said he has known Davidson for more than 30 years. The 79-year-old Ohio man said the two traveled to sporting events nearly every weekend.
“I spent as much time with Don as I did with my wife,” Tedeshi said.
They still see each other even though Davidson moved to Las Vegas about 15 years ago, Tedeshi said.
“He is one of the finest persons I have ever traveled with,” Tedeshi said. “I think his character is very good.”
Court proceedings only lasted a half-day. They are scheduled to resume Thursday.
