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News Specialist Sam Penrod reportingA drug possession case against a Utah County District Court judge will go to trial after the judge lost his argument that evidence in the case should be tossed out.
Judge Ray Harding Jr. faces two third-degree felonies involving the alleged possession of illegal drugs, and a 3rd District Court Judge ruled today that evidence seized at Harding's home can be used by prosecutors.
Judge Harding's attorney argued today that police illegally obtained a search warrant after they were called to Harding's home last July.
A white powder tested positive for drugs in the field, but later was negative at the state crime lab.
That was the basis for a search warrant, in which police seized straws and paraphernalia that did test positive for cocaine.
Harding was trying to prevent prosecutors from using evidence seized during the search, including hair samples that allegedly show Harding had used drugs.
"We're looking forward now to the trial in March and we're confident that justice will prevail at the time of trial, and my family and I are anxious to get that heard, taken care of and get on with my life," Harding says.
Judge Harding is also suing the state's Judicial Conduct Commission for scheduling a disciplinary hearing before the outcome of his trial.
Judge Harding's criminal trial on the drug charges will be held in Salt Lake City to avoid a conflict of interest because he has previously served on the bench of the 4th District Court in Provo.
Judge Harding is on paid leave pending the outcome of his trial scheduled for March. He has asked for a jury to decide if he is guilty.
