From Deseret News archives:

Rosses' attorney booted

Judge says Gotay has conflicts of interest in Davis scandal

Published: Monday, Dec. 11, 2006 10:52 p.m. MST
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Concern was also raised over Gotay's possession of $381,000 in funds given to him by the Rosses. Gotay told the court the money was placed in a trust fund account to be used as a defense fund. Bearnson corrected Gotay in court, saying the money was not placed in a trust fund but indicated the account was directly controlled by Gotay. The account has since been frozen by federal agents.

Wells asked Gotay if he didn't see the "potential" for conflicts of interest. Gotay said he refused to acknowledge any such thing. Wells said the federal rules allow a judge to find "actual" and "potential" conflicts of interest in dismissing an attorney. In this case, Wells said she found both actual and potential conflicts with Gotay. She gave Gotay 10 days to appeal her decision.

Outside of court, Gotay said he felt Wells was "pulling strings" to support a "premeditated decision" in favor of the prosecution. Gotay said he would have to talk to his clients before deciding whether to appeal.

During a previous court hearing, Gotay said he planned to file a motion asking Wells to recuse herself from the case for bias against him. Since then, Gotay said he decided not to file the motion.

John and Susan Ross expressed shock and disappointment, saying the decision deprived them of adequate representation and that their rights were being violated. The couple expressed that they would each have to find new attorneys but with their bank accounts frozen they would be forced to rely on federal public defenders.


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E-mail: gfattah@desnews.com

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