From Deseret News archives:
Workman attorney seeks a dismissal
Prosecutors have made a political game, he says
Attorney Greg Skordas filed a motion in 3rd District Court on Wednesday seeking to have the prosecution of the case transferred to the state Attorney General's Office.
District Attorney David Yocom himself raised the specter of a conflict of interest by appointing a special panel to screen the charges, Skordas says. He calls the later appointment of private defense attorney Michael Martinez as special prosecutor a "sham," saying both Martinez and the panel lacked any kind of real independence.
The motion points out that Martinez and the panel members were sworn in as special deputy Salt Lake County district attorneys, tying them to Yocom's office and doing nothing to diminish the risk of a conflict of interest.
The motion also accuses Martinez of having a personal vendetta against the mayor, whom he has criticized.
"My first reaction is, I guess it's inevitable that they would begin to impugn my character and assail my ethics," Martinez said. "It's just part of the continuing campaign to deflect responsibility." He said the motion raises no new legal issues.
In court Tuesday, Workman attempted to waive her right to a preliminary hearing, which would have freed the state from the burden of convincing the judge that a trial would be justified. However, Martinez objected to waiving the hearing, an unusual move that he had said earlier Tuesday he would not take.
Martinez's refusal to allow Workman to go straight to trial means the case most likely will not be resolved by the Nov. 2 election.
The new motion will likely delay the case even further, especially if the charges are dropped and the investigation starts over. But that's a chance Skordas said he had to take.
"We think it's a good motion and we need to pursue it," he said. "It's a motion that needed to be filed, and I didn't think we had a choice with the way the case has gone the last couple of days and statements made by the district attorney's office."
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