Man accused of stealing at Y. wants trial moved

PROVO — A former Brigham Young University finance officer accused of stealing money from the LDS Church-owned school says faithful members of the state's largest religion are too biased in favor of the school to judge evidence fairly at trial.

In a motion filed Monday in 4th District Court, the attorney for John S. Davis says the majority of members of The Church of Jesus Christ of Latter-day Saints would automatically favor the private university in a legal case.

According to the court papers, that's because a portion of tithing given to the church by members is allocated to BYU.

Davis' defense attorney, Fred Keller, asked that the trial be moved to Summit County or Salt Lake County, which have fewer LDS Church members than Utah County. Nearly 90 percent of Utah County residents are members of the LDS Church.

The attorney prosecuting Davis' case called the arguments in the motion "constitutionally and legally repugnant."

"I'm a little taken aback," said Deputy Utah County Attorney David Wayment.

Davis is charged with seven second-degree felony counts of theft and one second-degree count of racketeering for allegedly embezzling more than $300,000 from BYU.

Judge Steven Hansen has set a hearing on the motion for a change of venue for Sept. 10.