Judge cites lack of evidence against two officials for the Salt Lake Games.
By Associated Press
Published December 6, 2003
SALT LAKE CITY - 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 men had faced 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.
Prosecutors had argued that they had 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.
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."
USATF officials barred?
LAUSANNE, Switzerland - USA Track & Field officials could be barred from next summer's Athens Games if they continue to refuse to cooperate in the investigation into Jerome Young's doping case.
The IOC executive board decided to consider denying accreditation to USATF administrators if they fail to explain why Young was exonerated after testing positive for steroids in 1999.
Young won gold in the 1,600-meter relay at the 2000 Sydney Games. If the IOC finds he was improperly cleared, Young and the rest of the team, including Michael Johnson, could be stripped of medals.
The IOC sent another letter Friday to U.S. Olympic Committee officials asking their help. IOC president Jacques Rogge also requested more information on six of 27 doping cases from the 1980s and 1990s that were reported to the IOC by the USOC in September.
USATF has refused to supply information on the Young case, citing confidentiality rules.
