A preliminary hearing for former Eagle Mountain City Councilwoman Linn Strouse was postponed Wednesday after prosecutors realized they had filed the wrong charge against her.

Strouse is now charged with use of office for personal benefit. Both crimes are second-degree felonies.

"It's the more appropriate charge. It's the charge that applies to Linn Strouse as a council member," Grunander said. "The facts are still the same."

Under the new charge, prosecutors must show that Strouse was influenced in her position as a city council member by the loan, or that it was given as a reward for an action she had already taken.

Another aspect of the charge would be whether Strouse used her position to advance her economic interests or obtain special privileges. The new charge does not require her to have reported the loan.

Ron Yengich, Strouse's attorney, said the new charge is essentially a bribery statute.

"This statute requires a higher level of proof. It requires an actual quid pro quo," he said.

Yengich said he does not believe Judge Samuel McVey would have found there was enough evidence against Strouse for trial on the original charge if the preliminary hearing had gone forward on Wednesday.

Grunander said he plans to meet with Walden, Yengich and others to discuss the possibility of resolving the case without going to trial.

"If we're comfortable with the level of accountability she would be willing to accept, then absolutely we'd love to resolve it short of trial. But we're prepared, of course, to take it to trial," he said.

Grunander said there has been no discussion of any criminal charges against Walden.

"There is nothing in our information that shows any bit of bad faith whatsoever on the part of Mr. Walden. He appeared to be a friend," he said.

After Strouse was charged in September, Walden issued a statement saying she and her husband requested the loan so they could finish the basement of their home.

"Some time after Linn Strouse's late husband, Dave, was diagnosed with terminal cancer, Linn and Dave discussed with me their concerns about losing their home, and asked for my help," Walden said in his statement.

The next hearing in the case is scheduled for Aug. 11.

Strouse was defeated in her re-election bid in November. She was elected to serve a two-year term in 2001 and was re-elected to a full term in 2003. She also served as mayor pro tem for about three weeks, October-November 2006, after Mayor Brian Olsen resigned.

• Jeremy Duda can be reached at 344-2561 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it