Nancy Workman's attorney is wondering why accused murderer Mark Hacking can get his preliminary hearing waived but the embattled county mayor can't.

Workman, who is running for re-election and is on a paid leave of absence until her criminal misuse of public funds charge is adjudicated, desperately wants to have her trial before the general election.

"I guess if you're an accused murderer facing five years to life in prison the state will honor your request, but if you're an accused Republican the state won't," attorney Greg Skordas said.

Workman supporters point to a statement made by assistant district attorney Robert Stott in the Hacking case: "It's not our right to give away," he said of the preliminary hearing. "We can't control it. It's the defendant's right to waive."

"Bob Stott was exactly right," Skordas said. "There are good-faith reasons why the state would not consent (to waiver of a preliminary hearing), but there are no such reasons in this case."

But special deputy district attorney Mike Martinez, who is prosecuting the Workman case, points out that, according to Utah court rules, he can object to a waiver for whatever reason — or no reason at all.

"(Workman's attorneys) admit three different times in their own brief that I don't have to have a reason to withhold consent," he said.

One of the instances Martinez points to includes Skordas' written statement, "just because something is permissible does not make it right."

Skordas says legitimate reasons to object to waiver might include a witness for the prosecution possibly changing his testimony before trial, pushing the prosecution to get that testimony recorded as soon as possible in a preliminary hearing.

In Workman's case, however, "I think it's pretty obvious what's going on," Skordas said, referring to his client's theory that Martinez and District Attorney David Yocom, a Democrat, is trying to delay the trial past the election to ensure Workman's defeat.

Martinez says white-collar-crime cases are different from others and says a preliminary hearing is necessary because Workman refuses to admit her guilt in the case.

Third District Judge Robert Hilder has scheduled a hearing Thursday to consider Workman's motion to dismiss the case and Martinez's motion to install a gag order.

Martinez says Workman is trying to taint the jury pool in her favor through her political advertisements.

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E-mail: aedwards@desnews.com