Roosevelt — A former Uintah County road supervisor and a Roosevelt businessman slated to be sentenced this month on three felony counts of obstruction of justice have asked the court to either acquit them or schedule a new trial.

Gil Mitchell, owner of Mitchell Construction, and Kathryn "Kate" Erickson, who now lives in Idaho, were convicted Jan. 26, following a five-day jury trial in U.S. District Court in Salt Lake City.

Judge Ted Stewart has agreed to delay sentencing while attorneys for Mitchell and Erickson challenge the verdict on claims prosecutors failed to submit sufficient evidence to prove guilt and prejudiced jurors.

According to court records, the "evidence and arguments of the government so biased the jury as to constitute reversible error," and comments made by the court and by prosecutors during opening and closing arguments "unduly biased the jury" against the defendants.

Prosecutors spent almost four of the five trial days presenting evidence to show how the pair conspired to change records submitted to a grand jury investigating alleged misuse of federal road funds.

Witnesses for the prosecution testified that Erickson and Mitchell falsified contracts for small paving projects and gravel hauling projects before submitting records to the grand jury. An investigation into improprieties determined two of the contracts Mitchell was being paid for by the Uintah County Special Service Transportation District had actually been terminated in 1998 and the third had been awarded to another company.

According to prosecutors, the pair conspired to change the records so the grand jury would have the paperwork to show why Mitchell received money from the Special Service District in 1999 and 2000.

Mitchell and Erickson were the only two to face charges as the result of a five-year grand jury investigation into alleged improprieties involving federal road funds. Dozens of people were questioned during the investigation.

Court documents filed by attorneys for the defendants cited numerous court decisions they say support their claims, stating that a "reasonable jury" must have at last a "reasonable doubt."

"The government presented little or no evidence ... that either Kathryn Erickson or Gilman Mitchell did any act corruptly, acting knowingly and dishonestly, with the specific intent to subvert or undermine the due administration of justice," court documents state.

Defense attorneys Wendy Lewis and Loren E. Weiss told the court they are first seeking an acquittal for their clients. Failing that, they want a new trial.

Lewis and Weiss wrote in court documents that a review of the trial transcript will confirm the government improperly delved into details of the investigation, contrary to the instructions given by the judge. They contend the actions of the prosecuting attorneys resulted in "an unfair bias against defendants, sufficient to support an order for a new trial." The judge wrote that sentencing will be reset for approximately 15 days following the court's ruling on the motion for the acquittal.

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