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SALT LAKE CITY — Government prosecutors oppose having a judge rather than a jury decide the case of a former Utah Transit Authority board member accused of making misrepresentations in bankruptcy filings.
Lawyers for Terry Diehl, a prominent Utah real estate developer, contend media coverage has the potential to bias jurors and that jurors might not be able to understand the complexities of the law.
The U.S. Attorney's Office argues that courts have not granted bench trials in cases with more publicity and that also were complicated.
"Rather than request a change of venue, he essentially argues that the citizens of Utah will not be able to follow the instructions of this court, nor will they be able to keep their wildly inflamed passions from impinging on his right to a fair trial," according to court papers filed in U.S. District Court.
Related:
Indicted ex-UTA board member wants judge, not jury, to decide his fate
A former Utah Transit Authority board member who allegedly misrepresented more than $1 million on a commuter rail land deal wants a judge — not a jury — to decide his fate.Prosecutors say they believe jurors have the ability to grasp difficult concepts dealing with bankruptcy and tax law. They also say pre-trial publicity has not been as egregious as other cases for which a bench trial wasn't granted.
Diehl faces five counts of filing a false declaration and seven counts of concealing assets in connection with his Chapter 11 bankruptcy reorganization. Prosecutors allege he misrepresented more than $1 million on a commuter rail land deal. He has pleaded not guilty.
