Former Las Vegas City Councilwoman Mciheel Fiore cannot argue that she is being targeted for her political beliefs during her fraud trial, a federal judge ruled Wednesday, less than one week before the trial is set to begin.
Fiore has argued that her fraud indictment this summer stemmed from her right-wing political beliefs and her outspoken support of the Bundy ranching family, who was at the center of the infamous armed standoff regarding cattle grazing on federal land in Nevada. She accused the feds of labeling her as a “domestic terrorist” — which they denied — and her lawyer told The Nevada Independent earlier this month that the defense has all the evidence to prove that the charges against Fiore are motivated by “political persecution.”
In a ruling Wednesday, U.S. District Court Judge Jennifer Dorsey granted the prosecution’s efforts to quash these arguments at next week’s trial, ruling it has nothing to do with the charges that Fiore used donations intended for a fallen officer’s statue for her personal gain. Fiore is still allowed to argue that specific government witnesses harbor personal animosity against her.
“Fiore’s affiliation with the Bundy family and her beliefs that she was classified as a domestic terrorist and selectively targeted for prosecution are irrelevant to the question that this trial will attempt to answer: whether Fiore defrauded donors to the Alyn Beck statue project,” the ruling said.
The ruling marks a significant loss for Fiore six days before her trial is set to begin, as it appeared that the political persecution argument would be a key part of her defense. Fiore’s lawyer, Michael Sanft, did not immediately respond to a request for comment Wednesday.
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Dorsey also issued other rulings Wednesday that are unfavorable to Fiore.
The defense is prohibited from mentioning the impact of a conviction on Fiore (she faces up to 20 years in prison for each of the seven counts) and cannot introduce evidence seeking to prove Fiore’s good character. Despite the defense’s objections, Dorsey also granted the testimony of Nicole Beck, the widow of Alyn Beck, whose statue is at the center of the fraud charges.
The prosecution has also sought to include evidence (currently under seal) of Fiore’s alleged fraudulent activity beyond the scope of the officer memorial. The defense argued that this is outside the scope of the trial, but Dorsey ruled Wednesday that this evidence can be included, pending the prosecution proving that the evidence against Fiore is sufficient.
“Fiore’s alleged use of campaign and PAC funds for personal gain, efforts to launder the money through entities she controlled, and falsification of campaign-finance reports are also alleged acts involving defrauding donors for her personal gain,” Dorsey wrote. “I find that the other acts that the government seeks to introduce are similar enough.”
A hearing to resolve outstanding pretrial matters is set for Friday.
Prosecutors have alleged that Fiore sought donations for a statue honoring Alyn Beck through her PAC and a nonprofit she ran, but the money raised instead went to pay for her political fundraising bills, rent and daughter’s wedding. The donors she allegedly defrauded include Gov. Joe Lombardo (who was Clark County sheriff at the time), Las Vegas City Councilwoman Victoria Seaman and the union representing Las Vegas construction workers.
After her July indictment, Fiore was suspended with pay from her current position as a Nye County justice of the peace.
