The attorney for a former Logan woman charged with capital murder wants the Utah attorney general's office to try the case because she says the county's prosecutor has a conflict of interest.
In documents filed last week in 1st Circuit Court, attorney Jan Malmberg says deputy Cache County attorney and prosecutor James Jenkins could be called as a defense witness. Therefore, Malmberg says, he and the Cache County attorney's office should be disqualified from prosecuting the case against Debra Brown.Brown, 36, Hailey, Idaho, is charged with aggravated murder in the death of Lael Brown, no relation, of Logan. She says she found him shot to death in his bed in November 1993.
Prosecutors say Debra Brown was trying to cover up her forgery of about $3,500 in Lael Brown's checks. Those six canceled checks with accompanying bank statements were missing from Lael Brown's house after the slaying. Debra Brown is being held without bail in the Cache County Jail.
Malmberg says that Jenkins has information on another suspect who allegedly was taking Lael Brown's money. A copy of a police document accompanying Malm-berg's request says that Jenkins called police detectives to pass on a tip he received from a friend.
Jenkins called Malmberg's request "frivolous," and said it fails to deal with the merits of the case, and appears to be an effort at delaying the preliminary hearing.