U.S. cuts short its Games bid case

Government attorneys are now expected to rest their case today against Salt Lake Olympic bid leaders Tom Welch and Dave Johnson — opening the door for the court to end the prosecution of the pair once and for all.

The defense intends to ask U.S. District Judge David Sam to throw out the case for lack of evidence as soon as the government wraps up its case with a final, "summary witness," FBI agent and accountant Paul Bingham, who'll provide jurors with a synopsis of almost five weeks of testimony.

Both sides seem to believe that Sam may rule immediately from the bench on the defense motion and dismiss the 15 felony counts of fraud, conspiracy and racketeering that could send Welch and Johnson to prison, a ruling that could not be appealed.

"If Judge Sam grants the motion (today), the case is over," University of Utah law professor Erik Luna said.

The judge does have the option of reserving his decision on the motion known in legal circles as "Rule 29." While the motions are routinely made, they are seldom granted. If Sam were to reserve his decision on the motion and then set aside a guilty verdict, the government would be able to appeal his ruling.

It wouldn't be the first time. Sam made it clear two years ago what he thought of the government's case. He dismissed the charges against Welch and Johnson in 2001, but the government appealed and the 10th Circuit Court of Appeals in Denver sent the case back to Utah.

Attorneys for Welch and Johnson, who see the government's move to end its case earlier than anticipated as a sign it has failed to make its case against the pair, were considering late Wednesday whether to even put on a defense.

"You never count your chickens in this business. But we do feel confident," Johnson's attorney, Max Wheeler, told reporters after a day in court that included testimony from Canadian IOC member Dick Pound. "It could be over very quickly."

The defense will argue for dismissal by contending the government failed to show that the defendants committed the alleged crimes connected to the more than $1 million in cash and gifts given to influence International Olympic Committees members during the campaign for the 2002 Winter Games.

Welch's attorney, Bill Taylor, said to make the bribery-related charges stick, the government had to show "that the defendants knew they were doing something bad. They have not proved that."

Taylor said the government also fell short of proving the fraud-related charges.