Judge Dismisses Four Charges in Bribery Case
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July 16, 2001--
A momentous decision today in Utah's Olympic bribery case. A federal judge has dismissed four key charges against Tom Welch and Dave Johnson.
For months it appeared a messy Olympic trial was imminent. Now it's looking more likely that there won't be a trial at all.
News Specialist John Daley has details.
Last week in court Judge David Sam wondered out loud why prosecutors were making a federal case out of the scandal.
Today, he dealt a serious blow to the prosecution's case.
Did former top Olympic bosses Tom Welch and Dave Johnson cheat to win the 2002 Games, bribing IOC members to vote for Salt Lake?
Federal prosecutors said yes, filing 15 federal felonies against the pair.
But defense lawyers have long maintained the two did only as they were advised and as other bid cities have done.
Those two arguments now may never fight it out in court.
Federal Judge Dave Sam dismissed four counts, finding the underlying state law--the Utah commerical bribery statute--is "ambigous and unconstitutionally vague as applied in this case."
In the process, Sam tossed out four key charges, including the counts involving rackeerting and bribery.
Bill Taylor/Attorney for Dave Johnson: "WE'RE JUST VERY PLEASED THAT THE JUDGE HAS DECIDED THE ISSUE THE WAY WE THOUGHT IT SHOULD BE DECIDED AND WE'RE GONNA TAKE IT ONE STEP AT A TIME FROM HERE."
Neither Welch or Johnson were available for on-camera comment.
But reached by phone, Welch tells Eyewtiness News: "Hopefully with time this whole incident will be put in perspective, and this is a step in the right direction."
Looking ahead, defense lawyers say the other charges--which are connected to those now dismissed--should also now be thrown out.
Taylor: "THE GRAND JURY THAT RETURNED AN INDICTMENT, WHICH IS A BRIBERY BASED INDICTMENT, NEVER INTENDED TO INDICT A CASE THAT DIDN'T HAVE BRIBERY IN IT. SO WE THINK THE CASE HAS TO BE DISMISSED BECAUSE THERE'S NO MORE BRIBERY."
Top state and Olympic leaders, like Governor Mike Leavitt and IOC member Anita DeFrantz, were likely witnesses in an Olympic trial that would have documented many alleged misdeeds.
Wheeler says the 2002 Games will be better off if there's no Olympic trial overshadowing it.
Max Wheeler/Attorney for Dave Johnson: "IF THIS RULING RESULTS IN A DISMISSAL OF THIS CASE, UTAHNS OUGHT TO BE GRATEFUL. THIS IS NOT A GOOD CASE FOR UTAH, IT NEVER HAS BEEN, AND IT'S GOING TO ACCOMPLISH ABSOLUTELY NOTHING TO DRAG ALL OF THIS OUT INTO THE PUBLIC."
Asked how Olympic elite and Utah political leaders should react to today's development, Taylor had one word.
Bill Taylor/Attorney for Tom Welch: "Relief."
Now it's up to the Justice Department to decide what to do next.
Johnson's attorney, Max Wheeler, says that decision is likely to be made by higher-ups in Washington.
It's believed that even if the government does appeal this decision, it would take months--until well after the Olympics--for a ruling to come down from a higher court.
