Dismissal urged in case against ex-Eagle Mountain mayor Olsen

AMERICAN FORK — The former mayor of Eagle Mountain who stepped down amid financial controversy now wants his entire criminal case dismissed.

Brian Olsen, 35, was charged in 4th District Court with seven felony charges of misuse of public funds for allegedly taking reimbursements for trips and conferences he never attended.

In a motion filed this week, attorney Ron Yengich asked the court to dismiss the case because when Olsen asked for reimbursements, there was no official, written city policy regarding them.

"The argument is you can't say he stole public monies or violated that statute unless everybody is subject to it," Yengich told the Deseret Morning News. "If there aren't any specific rules, it means that it's basically the whim of the prosecution as to who gets charged or not."

In his motion, Yengich argued that each new city administrator or mayor changed policies related to reimbursements or payment corrections. And because none of the policies were in writing, there could be no official rules or ordinances.

While Yengich conceded there were some overpayments for meetings Olsen didn't actually attend, Olsen did repay the city and tried to correct one reimbursement for a conference he didn't attend before the conference date.

But as mayor, Olsen was given "free rein" over the city's money and could decide "how and when to seek reimbursement for his expenses, and with regard to how and when to correct overpayments or underpayments," according to the motion.

With that preface, Yengich argued that Judge David Mortensen in American Fork's 4th District Court should not bind over the charges for trial.

Deputy Utah County Attorney Chad Grunander has received the motion but could not comment on it because it is still pending.

"I welcome the opportunity to respond to his motion and expect my response will be filed within the next couple weeks," Grunander said.

Grunander will also ask the judge for an oral argument setting — the two attorneys' last chance to persuade the judge to rule in their favor.

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