Testimony against Workman rebutted

David Marshall, a key witness in the case against Nancy Workman, knew from the beginning that two employees Workman wanted hired would be working outside the county, according to a private investigator who interviewed Marshall last year.

Jeff Wright, an investigator hired by former Workman attorney Ron Yengich, testified Tuesday in 3rd District Court that Marshall, the county's former chief administrative officer, "knew that the ultimate location of the employees being placed would be at the Boys and Girls Club."

What's more, "I asked him if anything underhanded or illegal had occurred, and he said no."

Workman is charged with felony misuse of public money for hiring the employees to do accounting at the Boys and Girls Clubs of South Valley under the supervision of her daughter. They were paid with Salt Lake Valley Health Department funds.

Marshall testified last week that Workman "absolutely" did not mention anything about the Boys and Girls Club when she asked him to arrange their hiring, and that he "would never have participated" had he known the truth.

Wright, however, said that Marshall not only knew, "Marshall himself said (any irregularity) was procedural, not criminal."

Planning and development services director Jeff Daugherty testified that on another occasion Marshall said the situation "wasn't a major problem."

Both the prosecution and the defense have keyed in on Marshall in the case. Defense attorneys have spent much time trying to establish that Marshall was the "implementer" of Workman's decisions, in Daugherty's words, and that the whole situation occurred because of a miscommunication between Marshall and Workman.

"There was a lot of authority and delegation given to David," said John Rosenthal, the former county economic development director.

"Is it fair to characterize him as a somewhat controlling individual?" defense attorney Jack Morgan said.

"Yes."

Nevertheless, one of the defense's own character witnesses, former county commissioner Brent Overson, may have damaged Workman's case Tuesday by strongly vouching for Marshall's integrity and ability.

"(Was he) honest?" special prosecutor Mike Martinez asked.

"Yes."

"Truthful?"

"Yes."

"Did he have the county's interests at heart?"

"Yes."

There has been much back-and-forth in the case regarding whether the true nature of the employees' work was discussed when they were hired — sometimes in the course of a single witness' examination. Health department payroll coordinator Irene Cordova said when she processed the employees there was no mention of the Boys and Girls Club, or the fact that they were supervised by Workman's daughter, but she conceded that both were disclosed on the first employee's written job application.

Judge Judith Atherton said she anticipates closing arguments to be finished by the close of business today, at which time the case will go to the jury.

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