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Debbie Dujanovic ReportingA prosecutor is on the other end of a court battle tonight, as a defendant. Did the Summit County Attorney tell the truth, and nothing but the truth? A judge will soon decide if Summit County's top law enforcement officer is breaking the law.
An Eyewitness News Investigation uncovered an apparent deception last fall, does David Brickey actually live in the city he claims he does in order to hold office? Now the attorney general's office says it will take the case to court.
Late this afternoon, the Utah Attorney General's office filed a civil complaint against Summit County Attorney, David Brickey. The state wants the court to figure out if Brickey lives where he says he does.
Summit County attorney David Brickey swears he resides at a Park City condominium. He listed it on election filings. During a month-long investigation, Eyewitness News visited that condo nine different times. Not once did we find Brickey or his car there. Meanwhile, night after night, we watched the Summit County attorney pull into the driveway of the Salt Lake City home where his wife and kids live.
We took our findings to the Attorney General's office; today they announced they're taking Brickey to court.
Thom Roberts, Assistant Attorney General: "You're residence is where your family lives, and from all appearances, it appears his family lives here in Salt Lake County."
The AG's office laid out its case in court documents, noting that Brickey's wife and children reside in Salt Lake County, that the majority of time Brickey lives with his wife and children in their home in Salt Lake County. Based on that, Brickey is presumed to be a resident of Salt Lake County.
"If he's not a resident, then he shouldn't be county attorney."
The State wants a judge to decide if Brickey's lease of the Park City condo -- for under a 100 dollars a month -- is simply a sham. If it is he could lose the office.
Brickey now has 20 days to respond to the court complaint, but it could take months for this case to play out. In the meantime, the Attorney General's office is also investigating Brickey for possible voter fraud because he cast his ballot as a Summit County resident.
