Both sides lose a round

Both sides lost a round Thursday in the continuing legal saga of Salt Lake County Mayor Nancy Workman, putting each side in the same position as they started and further reducing the possibility of trying the case before the general election.

Third District Judge Robert Hilder, who described himself as "a little frustrated," declined Workman's motion to dismiss the case or disqualify the special prosecutor. The judge also denied special prosecutor Mike Martinez's motions to impose a gag order (meaning both sides can keep on sniping at each other in the media) or move the trial.

A preliminary hearing set for Monday will go forward, even though Hilder clearly indicated a willingness to waive it. Workman attorney Greg Skordas said if Martinez appeals the waiver it could take even longer.

Martinez had indicated a willingness to agree to the waiver, but only if Workman conceded that the state had probable cause to bring the case.

"For the prosecutor to say, 'I will not waive without some admission,' is to trample on the defendant's right against self-incrimination, and I won't allow that to happen," Hilder said.

Whether a trial can be held before the Nov. 2 election — which Workman fervently wants — is questionable.

"I hope so," was all Skordas would say.

Skordas had moved to dismiss the case based on claims that Salt Lake County District Attorney David Yocom, a Democrat, filed the charges — and that Martinez is stalling the case — solely for partisan reasons. He said Hilder should wash his hands of such a "tainted" process.

The timing of Yocom's investigation was suspicious, Skordas said, noting that the district attorney filed charges only 56 days before the election. He then appointed special prosecutor Martinez, who Skordas contends is using more delaying tactics to guarantee any legal proceedings will extend beyond Nov. 2.

"It is to make sure that the election is lost, it is to make sure her career is lost, (and only) then you get on with the justice part of it," Skordas said.

While conceding that the circumstances of the case are "unusual, in fact extraordinary," Hilder said such things were beyond the scope of the courts.

"Most of what you're talking about is intensely political, and best addressed in the political realm," the judge said.