An hour-long pre-trial hearing Friday in the case of former Eagle Mountain Mayor Brian Olsen centered on concerns from state attorneys about how the defense would be allowed to discuss particulars of the case with jurors.
In the end, Judge David Mortensen ruled that the court alone, not attorneys, could tell jurors what the law is. Mortensen said he would forego discussing jury instruction with attorneys until he had heard evidence in the trial, and cautioned attorneys to be on their toes during the trial in order not to cross a delicate line between telling jurors what the law is as opposed to telling jurors what Olsen's thought process was.
Defense attorneys may not "tell that jury that the law is other than the judge says it is," Mortensen said.
Olsen is charged with seven counts of misuse of public money. He is accused of defrauding Eagle Mountain by falsifying travel expense reports for meetings and other official functions that he did not actually attend during his 10-month tenure as mayor in 2006.
At his preliminary hearing, Olsen's former executive assistant, Angie Ferre, testified that Olsen submitted an expense report for a meeting at American Fork Hospital that she attended in his stead. Michael Wren, Olsen's former chief of staff, said he attended a groundbreaking ceremony at the Jordanelle Dam that Olsen included in his expense reports, though he did not see Olsen there.
A list of 75 potential jurors has been gathered, and Olsen's five-day trial is scheduled to begin on Sept. 22.
In August, Deputy Utah County attorney Chad Grunander said his office has offered plea deals to Olsen. He also has had discussions about a possible resolution with defense attorney Ron Yengich. But those discussions have failed to produce a resolution, Grunander said, and both sides appear ready to go forward with Olsen's September trial.
Posted in Local on Friday, September 5, 2008 11:00 pm
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