Jury to decide fate of mayor

PROVO — A jury will decide the fate of Eagle Mountain Mayor Kelvin Bailey.

At a pretrial conference held Wednesday at the Utah County Justice Court, an attorney for the mayor said that his client opted for a jury trial because prosecutors had offered no acceptable plea bargains.

Bailey is charged with a class B misdemeanor of making a false report to police that he had been kidnapped and forced to drive to California on the night of March 27.

"We didn't come together on (a plea offer) that worked," said defense attorney Greg Skordas, who declined to comment on the specifics of plea bargaining with the prosecution or the chance of continued negotiations.

"The sticking point is that we want it (the charge) dismissed," Skordas said, suggesting that Bailey is seeking for a complete dismissal of his case rather than a reduction of the charge.

Bailey's wife reported him missing on March 26 after the mayor failed to return from a hunting outing near Mona. The following morning, as law enforcement agencies were preparing to launch a search in Juab County, Bailey called his wife and told her he had been kidnapped by a man with gun and forced to drive to the Barstow, Calif., area.

The mayor later recanted the story when pressed for details by federal agents and Utah police.

Bailey reportedly told investigators that he made the 500-mile drive alone because he was struggling with the stresses of his responsibilities as mayor and with his job as a construction consultant. He admitted making up the story to appease his wife until he could return home and explain his disappearance.

"It goes without saying that he didn't have any criminal intent," Skordas said. "He admits the conduct in some respects, but not that it was a crime."

Skordas wouldn't comment on a possible defense strategy for the March 4 trial, but didn't deny the possibility that he will seek the jury's sympathy in understanding Bailey's emotional condition at the time of the incident.

"I just would like it to be over," Bailey said as he left the courtroom. Bailey wouldn't discuss his future political plans.

Bailey, who has served nearly half of his four-year term, issued a statement in April indicating his intention to stay in office, despite calls for his resignation.

"It's been a struggle," Bailey said at that time, "but things are fine, and we're just going to go ahead."

Skordas said he doesn't know how the trial might affect Bailey's office but expressed dismay that the charge has been taken so seriously.

"We're just so quick to judge anymore in America," he said.

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E-mail: lwarner@desnews.com

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