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Gene Kennedy ReportingIn recent weeks, the case against John and Susan Ross has become less about what they've done and more about allegations of improper actions on their attorney's part.
The U.S. Attorney filed a motion calling for Gotay's removal from the case, citing conflict of interest, that some of the witnesses in this case are Paul Gotay's clients.
Gotay represents John and Sue Ross.
The judge told Gotay that he has 48 hours to prepare a response to the government's motion.
He wanted more time to review evidence, but the judge wouldn't allow it and she said the government's allegations certainly raise eyebrows.
Gotay reportedly thinks the judge has made up her mind that he should be let go, so he said in court, "Your Honor, you should recuse yourself."
She refused, and he said he'll file a motion to recuse her.
Paul Gotay / Defense Attorney: "The feather that broke the camel's back was when the judge said for intents and purposes I didn't see any other recourse. She gave me no other option."
Gotay admits getting a federal magistrate recused is very difficult. In fact, he says he's never heard of it being done.
The government says the couple set up a dummy company to photocopy textbooks and sell them to the Davis County School District at inflated prices.
The Ross' allegedly kept the profits.
The motion says some of the witnesses in this case are Paul Gotay's clients.
Gotay believes that removing him from the case may lead to the Ross' being tried separately.
The judge told the Ross' they can only travel in Utah unless they get permission from the courts to go elsewhere. The couple has already given up their passports.
