Case against former UMC chief could move forward next week

A judge is expected to rule next week whether prosecutors can pursue charges against former University Medical Center chief Lacy Thomas on allegations of steering $10 million in county contracts to his Chicago friends.

At a hearing to dismiss the charges Thursday before District Judge Michael Villani, defense attorney Dan Albregts argued that the contracts were vetted by county lawyers and approved by the Clark County Commission. They also did not amount to a criminal enterprise because work was performed, albeit poorly, he said.

Prosecutors contend the contracts were unnecessary or duplicative.

"The argument is about the law and fitting the facts to the law," Assistant District Attorney Chris Owens said. "We're saying the conduct was criminal, and they're saying it was authorized."

Thomas is charged with five counts each of theft and misconduct by a public officer stemming from contracts UMC awarded to five companies during his three-year tenure.

Villani asked pointed questions about whether there was selective prosecution in the case, recognizing that the contracts were reviewed and approved by county officials and the commission.

"Are we going to have the commissioners come and testify?" Villani asked.

The question was met by a lengthy and awkward silence.

Prosecutors then said they did not expect to call commissioners to testify. Albregts declined to say whether he would.

Albregts suggested that this case was not the first time the county had approved contracts it later regretted, pointing to flaws in the Regional Justice Center as an example.

Before it opened in 2005, the courthouse was plagued by numerous design flaws and millions of dollars in construction cost overruns.

Albregts also argued that the charges should be dismissed because prosecutors failed to turn over evidence that could exonerate Thomas but was never presented to the grand jury that indicted him.

Owens said the UMC case revolved around Thomas' friends receiving an illegal "benefit or gain" and "not bumbling (or) stupidity."

He said the evidence was made available to the defense and it was not the prosecution's job to review it for them.

A second trial is scheduled for June 20. The first one ended in a mistrial a year ago because Las Vegas police failed to give 577 pages of documents to Albregts.

The documents included minutes from weekly meetings between ACS Healthcare Services employees and UMC department heads and executives.

ACS lawyer Don Campbell had given the documents to police in February 2007 as they probed a handful of contracts the hospital awarded during Thomas' three-year tenure at UMC. But detectives never told prosecutors about the documents.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.