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Gene Kennedy ReportingA couple accused of defrauding the Davis County School District now has another concern. They have to find a new lawyer. Their attorney, Paul Gotay, has been removed from the case.
Gotay was not too surprised by this. In fact, he saw it coming. The judge disqualified Gotay over a conflict of interest.
He calls it a cheap shot.
One concern here-- Gotay took money from the Ross' for legal fees and didn't put it into a trust account. Prosecutors say that's standard practice.
According to the Salt Lake Tribune, Gotay says he was holding the money in a "catchall" defense fund that would pay him for past and future legal fees.
Paul Gotay, Ross' Defense Attorney: "It's a red herring, because what we're really talking about is a lawyer getting paid. And that is something that a lawyer can address without being removed from the case."
But there were other issues, according to the judge.
John and Susan Ross need separate lawyers to represent their individual interests. Gotay also has other clients who could be called as witnesses and he could be called as a witness.
At the last hearing, Gotay said he saw this coming so he told the judge she should be kicked off the case, but he never filed a motion to boot her.
Now he has only one option...ten days to file an appeal to the judge's decision.
Definitely a rough day in court for the defense attorney.
Paul Gotay, Ross' Defense Attorney: "Every day was rough when you're trying to do the right thing. Nothing surprises me."
That was Gotay on KSL Newsradio last night.
Meantime, John and Susan Ross will likely have to get federal public defenders. The couple has 47 federal counts against them for allegedly pirating textbooks and selling them to the Davis County School District at inflated prices.
The government says they stole more than 4-million dollars over several years.
