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Ex-Eagle Mountain mayor will stand trial
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

AMERICAN FORK - Former Eagle Mountain Mayor Brian Olsen will stand trial on seven charges, filed more than a year ago, that he misused city money.

Fourth District Judge David Mortensen ruled from the bench Friday that Olsen would be tried beginning Feb. 15. Olsen later pleaded not guilty to the seven third-degree-felony counts that alleged he requested reimbursement and cashed checks for city business trips never taken.

In early November, Olsen requested all charges be dismissed.

His attorney, Ron Yengich, said Eagle Mountain lacked specific rules governing the city budget.

Without a specific city ordinance, Yengich said the county prosecutor could not prove Olsen misused public funds.

There was no policy setting the appropriate way to deal with reimbursements, overpayments, repayments or advance payments, Yengich said.

"There has to be a process in order to determine what's authorized. There was no crime this man can be bound over."

But Utah County Attorney Chad Grunander said it was not necessary for Eagle Mountain to pass an ordinance saying, for example, the budget officer can't use city money for vacations because "it's a given."

Grunander argued that, despite Olsen's then-role as the city's chief budget officer, the former mayor did not have free rein over the public's cash.

"He used money he wasn't entitled to. Those funds belonged to the city. They were to be spent on behalf of the city for legitimate city expenses," Grunander said, adding that Olsen similarly could not have purchased a new car or taken a vacation with the city's money.

Grunander alleged that Olsen attempted to cover a paper trail, suggesting he knew he had done wrong and was scrambling to cover his tracks.

The prosecutor also cited several problems with the out-of-town meetings for which Olsen requested reimbursements: The former mayor didn't register for two, one was never held and he sent someone in his place for another.

Judge Mortensen ruled that Olsen must stand trial because he cashed some travel-reimbursement checks days after those meetings took place.

Mortensen also ruled that he would not consolidate the separate third-degree felony charges into one, since the reimbursements were submitted, signed and cashed on separate occasions.

During the preliminary hearing Friday, Yengich and Mortensen pointed out that Olsen's trial was prolonged due to a "perfect storm" of cases and paperwork that overwhelmed and slowed the 4th District Court.

sgehrke@sltrib.com

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Former Eagle Mountain Mayor Brian Olsen is scheduled to stand trial Feb. 15. He is charged with seven third-degree-felonies alleging that he misused public funds.

Brian Olsen is accused of seven third-degree felony counts of misusing public funds
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