Treasurer's race probe: Former lawmaker Walker charged
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Bribery allegations that surfaced last spring during the Republican primary for the state treasurer's race culminated Friday in a class B misdemeanor charge against former Rep. Mark Walker.

But Walker's attorney suggests there's something missing from the case: charges against state Treasurer Richard Ellis, who has alleged that Walker offered him a job and a big raise to drop out of the race.

Salt Lake City Prosecutor Sim Gill filed the charge in the city's Justice Court, alleging Walker violated a section of election law that prohibits "inducements not to become a candidate." He is scheduled for arraignment Jan. 23 .

Walker's attorney, Jim Bradshaw, expressed anger over a probable cause statement he claims was included with charging documents for "political purposes."

"Mark Walker did not have these conversations alone in a vacuum," Bradshaw said. "In each of these conversations there were two participants who engaged willingly and with each other."

Gill declined to discuss whether there are more charges to come. But he defended the probable cause statement -- a sworn affidavit from Davis County District Attorney's Office Investigator Gary Peterson -- as the factual basis for the charge.

Ellis and Walker had three conversations related to the alleged offer, according to Peterson's statement. The first occurred in Ellis' Capitol office March 10, the same day he filed his candidacy.

The last discussion took place 11 or 12 days later, according to Peterson, when Ellis called Walker to give his final answer. "Any reasonable guy would take this offer, but this is illegal and neither you nor I need to get caught up in something like this," Ellis said, according to the investigator's statement.

But Bradshaw says the account is misleadingly one-sided.

"Ellis had as much or more to do with arranging these discussions [as Walker] and was an equal participant considering their options and what might be mutually beneficial to the two of them, " Bradshaw said.

On Friday, Ellis said his role in the discussions was not one of "making offers or inducements."

"The offer came to me," Ellis said, "and I didn't accept it."

The drawn-out saga began in late May when Ellis -- then chief deputy treasurer running for the top office -- filed an elections complaint with Lt. Gov. Gary Herbert's office alleging Walker promised him he could keep his job and get a $55,000 raise if he would drop out of the race.

Walker had been endorsed at the GOP state convention in early May by House and Senate leaders, along with Attorney General Mark Shurtleff, who donated $5,000 to his campaign and also co-hosted a Walker fundraiser.

In a sworn affidavit, Ellis had said that Walker told him he'd spoken with the person who could make the big pay increase happen. He also said that a state party operative assured him he'd be taken care of if he'd end his candidacy.

At the time, Walker denied the allegations, calling it dirty campaigning.

Immediately following the June 24 primary -- where Ellis eliminated Walker and went on to win the November election -- the lieutenant governor handed the case off to Shurtleff, who then assigned it to two county attorneys to investigate.

Davis County Attorney Troy Rawlings, a Republican, and Weber County Attorney Mark DeCaria, a Democrat, spent months investigating and, in December, teamed with Gill, a Democrat, to bring the case to court.

On Friday, Gov. Jon Huntsman named DeCaria to fill a 2nd District Court judge vacancy-- a slot that requires state Senate approval.

Walker, who resigned his seat in the Legislature last July, has the right to a jury trial. But Bradshaw doubts if one will be needed, suggesting a plea deal is in the works.

"The prosecution does not comment on any pending negotiations or dispositions until they happen," Gill said. "Having said that, we always welcome any discussions from opposing counsel."

Nate Carlisle and Robert Gehrke contributed to this article.

cmckitrick@sltrib.com

» Highlights from the probable cause statement:

March 7 » Mark Walker files as state treasurer candidate

March 10 » Richard Ellis files to run against Walker for GOP nomination

That same day, between 10 and 11 a.m., Zions Bank Executive Carl Empey negotiates meeting between Walker and Ellis

At 11:16 a.m., allegedly at Walker's urging, Empey e-mails Ellis: "Looks like he wants to offer you $160,000 a year to be his Deputy." Ellis was making about $104,000 at the time.

Empey said he asked Walker how he would get that money and Walker allegedly replied "well, I've talked to the man that can make it happen." Walker arranges to meet Ellis later that day.

Between 3 and 3:30 p.m., Walker meets Ellis at his office in the Capitol, proposes teamwork where Walker becomes state treasurer and Ellis stays on as deputy. Walker allegedly said, "Carl's given you a number, think about it."

After March 10, Ellis said he contacted attorney Betsy Ross and found out the transaction was illegal. Ellis said he conveyed that information to Empey.

March 17 » Ellis sets up breakfast meeting with Walker, tells him the proposed arrangement would be illegal. Walker allegedly countered, "well isn't there some way we can work around that."

At that breakfast meeting, Ellis said he asked Walker how he could guarantee the pay increase. Walker allegedly said "I could put something in writing and let Mr. Empey hold it as third party, you know, to give you some comfort."

Ellis declined offer.

March 20 » Empey called Ellis, said Walker wanted to know if Ellis's decision was final.

March 21 » Ellis called Walker and said "any reasonable guy would take this offer, but this is illegal and neither you nor I need to get caught up in something like this . . . looks like we'll have to just have to go campaign and at least get through the convention."

Walker allegedly responded "if it goes to the convention, the deal will change."

Mark Walker » He is accused of inducing opponent to get out of race
 
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