A one-time Republican candidate accused of bribery in the state treasurer's race has struck a plea deal, agreeing to provide testimony that breathes new life into an election scandal that may affect a pending judicial nomination.
"To this charge of inducement not to become a candidate, what is your plea: guilty or not guilty?" Salt Lake City Justice Court Judge John Baxter asked Mark Walker during an arraignment Friday.
"Guilty," Walker replied.
The plea in abeyance means that the class B misdemeanor charge will be dismissed after a year if Walker complies with the terms of his sentence. Baxter ordered him to perform 100 hours of community service and pay a $250 fine.
"Looking back on it, there was probably a mistake in judgment that I made. That's why I decided to take the plea," Walker said outside of court.
But the plea deal also requires Walker to provide information and testimony against others. State Treasurer Richard Ellis, who accused Walker of offering him a bribe, doubted he would be charged.
"I can't see any evidence that points to me," he told the Deseret News on Friday, adding that his attorney has assured him throughout the investigation that he is not a target.
Speaking outside of court, Salt Lake City prosecutor Sim Gill did not rule out prosecuting others, a change from statements he made last week.
"Certainly when you get full disclosure of information, the terrain changes," he said. "One of the challenges with this kind of case is truth."
Walker will meet with special prosecutors sometime in the next 30 days to provide that information, said his attorney Jim Bradshaw.
"There will be further meetings," Davis County Attorney Troy Rawlings told the Deseret News Friday. "Beyond that, I'll comment no further."
Rawlings, a Republican, and Weber County Attorney Mark DeCaria, a Democrat, were named special prosecutors in the case by Utah Attorney General Mark Shurtleff who had a conflict of interest because he endorsed Walker.
DeCaria was recently nominated by Gov. Jon Huntsman Jr. to fill a 2nd District judgeship. It's up to the state Senate to approve the nomination and some lawmakers are already grumbling privately about how the case was handled.
The Deseret News has confirmed Sen. Chris Buttars, R-West Jordan, has been returned to the chairmanship of the Senate Judicial Confirmation Committee. Buttars had been removed last session after he wrote a letter to a judge he'd helped get on the bench, complaining about a ruling against a friend.
Senate President Michael Waddoups, R-Taylorsville, a member of the committee, said any suggestion a change in chairmanship meant trouble for DeCaria's nomination was "stupid. We have to go in with open minds and evaluate the information that's available to us."
Waddoups and Buttars helped defeat another Huntsman nominee, 3rd District Judge Robert Hilder, who sought a spot on the Court of Appeals. Buttars will replace Senate Majority Assistant Whip Greg Bell, R-Fruit Heights, who supported Hilder.
Huntsman spokeswoman Lisa Roskelley declined to say whether having Buttars as chairman would hurt DeCaria's chances.
"We work with everyone who is appointed to the committee and with all the senators," she said Friday. "The governor's goal is to get the person he feels is most qualified confirmed."
Walker's case began last year when Ellis accused him of offering to let Ellis keep his job as deputy state treasurer with a substantial raise — if Ellis would drop out of the treasurer's race. Ellis defeated Walker in the GOP primary and was elected state treasurer last November. Shortly after the scandal broke, Walker resigned his post as a state representative from Sandy in the face of a legislative ethics hearing.
Charging documents said a Walker associate, Carl Empey, contacted Ellis in March with a $160,000 salary offer. Walker later met with Ellis at the state Capitol. Ellis claims to have contacted an attorney who told him such an offer was illegal. But then Ellis asked Walker to breakfast to talk about the offer.
To secure the money, Walker claimed to have talked to "the person that can make that happen," but never revealed who it was. On Friday, Walker said there was no such person.
Walker's guilty plea itself was significantly different from what prosecutors said in charging documents — only saying that in March 2008 there was a series of discussions between the two and that Walker assured Ellis that if he withdrew from the race, he would keep his position as deputy treasurer.
"I think he did a good job of using it as a political tool to win an election," Walker said of Ellis.
"I think from the beginning we've seen Walker's side of things try to point culpability to myself and Carl Empey and others," Ellis said Friday. "The prosecutors and investigators have received all the testimony and they've filed the charges as it came down."
Ellis said he was the one who first reported the crime that launched the investigation.
"There is no evidence, no testimony, that shows Empey or I did anything to solicit anything from Walker because we didn't," he said. "They've spent six months and they've got everything they're going to get."
Ellis took his complaint to Lt. Gov. Gary Herbert, who oversees state elections. But Herbert delayed an investigation because he didn't want to affect the GOP primary. As special prosecutors, Rawlings and DeCaria sought to convene a grand jury to investigate and level charges. Apparently that did not come to fruition, because the pair then went to Gill who agreed to review the case.
E-MAIL: bwinslow@desnews.com; lisa@desnews.com