OLYMPICS Federal judge throws out Salt Lake bribery case

The ruling all but closes the book on the worst scandal in Olympic history.
SALT LAKE CITY (AP) -- With a stinging attack on prosecutors, a federal judge threw out the case Friday against two civic leaders accused of bribery for lavishing $1 million in cash, gifts and favors on Olympic officials to bring the 2002 Winter Games to Salt Lake City.
The ruling by U.S. District Judge David Sam came midway through the trial of Tom Welch and Dave Johnson, and all but closes the book on the worst scandal in Olympic history.
The judge said that in his 18 years on the federal bench, he had never seen a case so devoid of "criminal intent or evil purpose." He said the evidence never met the legal standard for bribery, and the case "offends my sense of justice."
"Enough is enough," the 70-year-old Sam said.
The judge formally acquitted the men, which means the government cannot appeal, because retrying them would amount to double jeopardy.
Welch sat stoically, while Johnson wiped tears and gave his lawyer a long hug. The two men had faced up to 75 years in prison, though they probably would have gotten far less than that if convicted.
Welch, 59, was head of the committee of civic leaders that put together Salt Lake City's bid for the 2002 Winter Olympics; Johnson was his deputy.
The case
Prosecutors had argued that the two committed fraud by taking money from a humanitarian program to dole out gifts and favors to the IOC who later selected Salt Lake City for the games in 1995.
The gifts included trips to Disneyland, stopovers at Paris hotels, guns, car repairs, bathroom furnishings, a Rolex watch, basketball tickets, shopping sprees, and college scholarships for IOC members' relatives.
Welch and Johnson insisted they committed no crime, arguing that the gifts were merely business as usual in the Olympic bidding process and that other countries did it, too. Both refused to accept plea bargains.
They were the only people charged in a scandal that resulted in the expulsion or resignation of 10 IOC members.
"Several times during the history of this case, I have heard (prosecutors) represent themselves as protectors of moral values here in the state of Utah," the judge said after the prosecution had completed its case. "How commendable and noteworthy. But when considered in light of the evidence of the government's evidence in this case, how misplaced."
Prosecutor Richard Wiedis said the judge had been "too hard" on the government.
"In our view, the evidence that the jury was permitted to hear was more than sufficient for the case to go to verdict," the Justice Department said in a statement. "We continue to believe that the citizens of the United States, especially the people of the state of Utah, had the right to have this criminal case decided by a jury."
The humanitarian program that paid for most of the gifts was actually meant for impoverished athletes from developing countries, but just 10 percent of the money "went to sports equipment -- soccer balls for athletes who needed and deserved them," the prosecutor said.
Even if the case had reached the jury, the prosecution would have been in trouble. At least eight jurors polled informally after the verdict expressed doubts about the government's case.
"I think it was a total waste of time," juror Mark Coombs said. "I'd love to know what this costs, what the taxpayers put out for this."
The judge also threw out the case in 2001 before it reached trial, sparing Salt Lake City the embarrassment of a courtroom spectacle during the Olympic games. A federal appeals court restored the charges in April, saying the government deserved a chance to put on its case.
Throughout the trial, Sam repeatedly ruled against prosecutors on evidence and frequently shut down their lines of questioning. He also loudly admonished them for arguing with his bench rulings.
Max Wheeler, Johnson's lawyer, said the government did little but "put lots of money in front of this jury and ask them to speculate as to the purpose of those payments. We have not heard from a single witness of a person being bribed."