Former Utah Transit Authority board member Terry Diehl wants a federal pass judgement on — not a jury — to make a decision his fate in a November felony trial, as a result of continual information experiences of an investigation of corruption within the transit company has most likely tainted the jury pool.
The FBI’s have a look at UTA isn’t attached to Diehl’s pending felony case, legal professionals for the developer say in newly filed courtroom papers, however information tales and observation have tied the two in combination.
“The potential for substantial juror bias is evidenced in the comments to The Salt Lake Tribune’s reporting,” the paperwork states. “In those comments, Mr. Diehl is connected to figures as diverse as Leona Helmsley and Vladmir Putin.”
Addressing such biases amongst potentials jurors would take substantial time, Diehl’s legal professionals argue; a bench trial that leaves the topic in the hands of a pass judgement on would ensure that Diehl’s proper to a honest trial.
The U.S. Attorney’s Office has not but replied to Diehl’s petition for a bench trial.
Diehl, 62, was once indicted in April on 12 federal felony fees for allegedly mendacity about or concealing his property — together with greater than $1 million from the sale of land for a UTA Frontrunner station in Draper — in each a 2012 chapter submitting and next per 30 days experiences required via courtroom.
The indictment was once issued sooner or later after U.S. Attorney John Huber introduced a non-prosecution and cooperation take care of UTA. Huber mentioned the settlement allowed his prosecutors to concentrate on a felony investigation of former and present UTA board participants, executives and others concerned with the company and trends round its educate stations.
Diehl joined the UTA board in 2001 and rapidly resigned in May of 2011 amid lingering conflict-of-interest allegations following a legislative audit that puzzled whether or not he had damaged state regulation via the usage of insider knowledge to shop for up the rights to buy land round the then-proposed Draper station.
In remaining week’s courtroom submitting, alternatively, Diehl’s legal professionals referred to as the federal investigation a failed undertaking that had “turned up no public corruption by UTA” in spite of greater than a decade of inquiry.
The chapter case, Diehl’s legal professionals additionally contend, is simply an outgrowth of that unsuccessful investigation.
An showcase hooked up to the petition contains 4 examples of what Diehl’s legal professionals say are the “inflammatory and prejudicial” articles — all from Tribune newshounds or columnists — about Diehl and UTA.
Diehl and his legal professionals have again and again declined requests for interviews or to supply remark to the Tribune, and he has ever requested for corrections to Tribune tales.
In a separate movement additionally filed remaining week, Diehl’s legal professionals have requested the courtroom to dam some of the proof of “purported misconduct, bad acts and character” accrued via federal prosecutors.
Attorneys contend the supply of the proof and its related allegations is a disgruntled former bookkeeper who was once fired via Diehl, and has no relevance to the fees.