Defense attorneys allege that although Democratic District Attorney David Yocom originally stated he had a possible conflict of interest in the investigation of the Republican mayor, he remained involved and has "cast so much doubt on the integrity" of the inquiry that the case should be tossed and any additional probe handled by an outside agency.
Workman's lawyers also argue that the independent prosecutors who screened the evidence were still part of the D.A.'s office because Yocom deputized them and that the new special prosecutor is acting as a special deputy district attorney - two points the defense insists compromise the case.
"The District Attorney's Office - through its press releases, conferences, misleading efforts to create the appearance of an independent investigation and prosecution, and now its latest transparent effort to deny Mayor Workman a speedy trial - has fully tainted this prosecution," attorneys Greg Skordas and Jack Morgan Jr. wrote in a brief filed late Wednesday.
Workman, who is continuing her re-election campaign while on paid leave, is scheduled for a preliminary hearing Oct. 4. No court hearing has been set to debate the latest motion, which could snag Workman's quest for a pre-election trial.
Murray-based special prosecutor Michael Martinez calls the motion standard, but also a continuation of Workman's claims that the investigation and charges are political. "It's a thinly veiled attack on my character," Martinez said, noting he believes Workman's attorneys are just trying to keep her name in the media without discussing elements of the case.
"What they're really saying is that I'm the D.A.'s lackey, and that's an attack on my character," Martinez said.
Workman has been charged with second- and third-degree felony misuse of public money for allegedly tapping Health Department funds to pay two bookkeepers to help her daughter, Aisza Wilde, at the South Valley Boys and Girls Clubs, where Wilde is chief financial officer.
The defense motion - sent to Judge Judith Atherton, though a judge has not been named in the case - says the investigation was "extensive" and included surveillance of two club employees and multiple interviews.
Skordas and Morgan argue that Martinez should be disqualified as special prosecutor because he also defends clients. The attorneys added that Martinez has made "inflammatory and derogatory" remarks about Workman. He has shown that he is "not impartial in this case or merely seeking justice, but rather that he is on a vendetta."
Martinez denies he is prejudiced and added that the motion is another sign that Skordas, the Democratic nominee for Utah attorney general, is trying to drum up publicity.
Martinez says he plans to respond to the motion next week and also wants to file a motion requesting a gag order on all the parties; Judge Robert Hilder denied an oral request for a gag order this week.
Meanwhile, Martinez says he would waive Workman's preliminary hearing if the mayor agrees in writing that she is giving up her right to such a hearing and that there is probable cause to believe she committed a crime. But Workman's attorneys say their client would not be willing to concede that point. They argue that the mayor has the right to waive the hearing and go straight to a jury trial.


