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Still going Olympic bribery trial unlikely to happen before Games begin
SALT LAKE CITY (AP) -- The Olympic bribery scandal doesn't show any signs of going away, with any federal trial all but certain to be delayed until after the Feb. 8-24 Winter Games. Federal prosecutors, who suffered a blow when a U.S. District Court judge threw out their most serious charges, served notice this week they might appeal the dismissal of the four bribery-racketeering counts. Defense lawyers emboldened by that victory are mounting a legal attack on what remains of the federal case -- mail and wire fraud and a single conspiracy count. Salt Lake bid chief Tom Welch and deputy Dave Johnson were indicted by a federal grand jury more than a year ago for secretly plying IOC members with $1 million in inducements. In a telephone conference this week, Judge David Sam gave lawyers for Welch and Johnson until Sept. 7 to reply to the government's response to their previous memorandum attacking the fraud charges. Defense lawyers insist that without bribery or a victim, there couldn't have been fraud, either. And the International Olympic Committee isn't complaining. Dick Pound, the IOC member from Canada whose internal investigation led to the expulsion or resignation of 10 members involved in the taking the gifts, said the scandal violated IOC ethics but not criminal laws. Sam wouldn't discuss his rulings or scheduling or procedural matters. "I decide cases on the facts and the law," he said. "This is a review anew." Sam's review could last months, and by prior agreement the federal courthouse will shut down for the Winter Olympics. The case is in for even longer delays if the Justice Department decides to appeal Sam's dismissal. Appeals courts generally set aside two months for argument-by-briefs and several more months for a hearing and decision. The Justice Department refused comment Thursday on its plans for the Olympic case. But John Scott, one of the department's trial attorneys, didn't dispute the likelihood a trial will be held up until well after the games. In Utah, there aren't many fans of an Olympic trial, especially political and business leaders who expect to be called to testify. Utah Gov. Mike Leavitt refuses to comment.
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