Attorneys spar — then Workman hearing is set

Salt Lake County Mayor Nancy Workman will get her chance next week to prove her case should be prosecuted by somebody other than special prosecutor Mike Martinez.

Lawyers in the case sparred in court Monday over Workman's motion to dismiss, Martinez's request for a gag order, whether to hold a preliminary hearing — further delaying the trial — and even moving the trial somewhere else.

A hearing on both motions will be held Sept. 30.

Workman, who is on a forced leave of absence until the case is adjudicated, is charged with two counts of misusing public funds, one a second-degree felony and the other a third-degree felony.

Jack Morgan, one of her lawyers, filed a motion to get the case dismissed last week because of negative comments Martinez has made regarding her, as well as the fact that Martinez represents criminal defendants — a possible impermissible conflict.

For his part, Martinez maintains Workman is trying to taint the jury pool with political advertisements saying the case is "just politics" and wants 3rd District Judge Robert Hilder to silence her with a gag order.

Hilder, who set Sept. 30 as a hearing date for both motions, is clearly amenable to moving things along. He called for Monday's hearing and pushed Martinez to withdraw his objection to the waiver of a preliminary hearing.

Martinez said he will agree to waiving the Oct. 4 hearing only if Workman acknowledges in writing that he has probable cause to bring the case.

Morgan said such a statement is not legally required for a waiver and that Workman would be making "a mini guilty plea" by doing so.

Hilder, who appeared slightly exasperated by the bickering over what he clearly saw as details, told Morgan to come up with a written statement by Workman and for Martinez to vet it.

"Don't you think you can trust the court to decide that?" Hilder asked when Martinez objected to the possible wording of the statement. "I do this every day."

Workman, a Republican seeking re-election, is eager to get her case resolved before the general election. Her lawyers insist the special prosecutor is deliberately creating delays because he was appointed by and is aligned with Salt Lake County District Attorney David Yocom, a Democrat.

"The problem with this case is that it's bending the rules for someone who thinks they have some special privilege and do not have to wait in line," Martinez said outside the courtroom.

As for Workman, her camp maintains that it is in voters' interest to have the case adjudicated one way or another by Nov. 2 so they can make an informed decision.

In his motion for a restraining order asking that the parties not discuss the case "with third parties outside the courtroom," Martinez said Workman and her lawyers are "employing a strategy designed to influence potential jurors through disparagement of the judicial process."

In response to the request for a gag order, Morgan said all parties in criminal cases are free, within limits, to exercise their free speech. "A gag order is a very bad idea in any case," he said. "Especially this case."

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E-mail: lindat@desnews.com; aedwards@desnews.com

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