Attorney seeks new trial for Utah death row inmate

May 12 2011 - 8:38am

SALT LAKE CITY  -- A Utah police spokesman who resigned his post after being charged with misuse of public funds is due in court Thursday for a hearing to determine whether he'll stand trial.

Richard "Beau" Babka is scheduled for a preliminary hearing Salt Lake City's 3rd District Court.

Salt Lake County prosecutors will present evidence to help a judge to decide whether to order a trial for later this year.

The 48-year-old Cottonwood Heights police spokesman resigned in January after being charged with two third-degree felonies for allegedly using a city-issued credit card to buy gas for his personal vehicles. He had worked for Cottonwood Heights since 2008.

If convicted on the charges, each carries a possible penalty of up to five years in prison.

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