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Thrown out Judge dismisses some charges in Olympic bribery case
Updated: Monday July 16, 2001 4:01 PM
SALT LAKE CITY (AP) -- A federal judge threw out four of 15 felony charges in the Olympic bribery case Monday, dealing a setback to prosecutors. U.S. District Judge David Sam said federal prosecutors improperly built their felony racketeering case on a Utah misdemeanor law prohibiting bribery or kickbacks in commercial dealings. Sam dismissed the racketeering counts and indefinitely postponed the July 30 trial of Tom Welch and Dave Johnson, who led Salt Lake City's successful effort to land the 2002 Winter Olympics. He said he would rule later on the defendants' request that he dismiss the 11 other counts. Sam said he would elaborate on his reasons later. At a hearing last week, however, he questioned why prosecutors were making a federal case out of the scandal. He also noted that state prosecutors declined to bring a case under the Utah law. Welch was president of the Salt Lake City bid and organizing committee, and Johnson was vice president. They were indicted by a federal grand jury last summer for allegedly conspiring to bribe members of the International Olympic Committee by plying them and their relatives with $1 million in cash, scholarships, travel, gifts and medical care. They also were accused of hiding or disguising the payments and perks from their board of trustees. Lawyers for the two said the remaining felony bribery and fraud charges also could fall. "The fraud counts are based on the notion that there was bribery and a cover-up. If as a legal matter there was no bribery, then the fraud charges have to be dismissed as well," said Bill Taylor, a lawyer for Welch. The single conspiracy count could be dismissed because it, too, is based on the Utah bribery law, he said. Justice Department attorney John Scott refused comment. Taylor said defense lawyers will redouble their efforts to dismiss the fraud charges. "We are delighted at the court's ruling today," Welch and Johnson said in a statement. "We believe it confirms what we have said from the beginning: We committed no crime. The Salt Lake bid committee conducted its bid consistently with the advice we were given and the conduct of other successful bid cities. "We hope Judge Sam will agree that this entire indictment must
be dismissed and that we and our families can resume our lives and
the community can celebrate the Winter Games without a cloud
hanging over them," the statement said.
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