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	Fushek to Appeal Denial of Jury Trial 6 of 7 Sex Charges Would Have Been Tried by JP Alone By Jim Walsh The Arizona Republic May 27, 2006 http://www.azcentral.com/arizonarepublic/mesa/articles/0527mr-fushek0527Z11.html A defense attorney says he plans Tuesday to ask a higher court judge to order a Gilbert JP to hold a jury trial on all seven misdemeanor sex charges against a suspended Mesa priest, Monsignor Dale Fushek. Attorney Thomas Hoidal said his petition for special action will be filed in Maricopa County Superior Court in reaction to rulings this week by San Tan Justice of the Peace Sam Goodman. "The defendant will ask for a stay to allow the Superior Court to consider these issues before trial," Hoidal said. Hoidal also has asked Goodman to delay Fushek's trial, scheduled for Friday while the special action is pending, saying the defense has not interviewed all witnesses and more time is needed for trial preparation. In a series of rulings Wednesday, Goodman granted Fushek a jury trial on an indecent exposure count but denied him a jury trial on five counts of contributing to the delinquency of a minor and one count of assault. Goodman also rejected Hoidal's motions to hold separate trials on each count, and to dismiss the charges on grounds that the state's one-year statute of limitations between the reporting of a misdemeanor and the filing of charges was violated. If the jury ruling remains in effect, Goodman alone would decide if Fushek is guilty or not guilty of six charges. In general, petitions for special action are filed as appeals of pre-trial rulings, said Bob Van Wyck, the Arizona State Bar's general counsel. The legal strategy can be employed to avoid a potential legal error that could otherwise result in retrying a case, he said. A Superior Court judge would review a petition and decide whether to accept the case. Goodman has been insistent about starting the trial on time, warning attorneys at a prior court hearing that he would start the proceedings even if they hadn't completed the interviews. Fushek, 53, is the former longtime pastor of St. Timothy's Catholic Church in Mesa and is the founder of the Life Teen Program for Catholic youths. He also was a top adviser to then-Bishop Thomas O'Brien. Fushek was placed on administrative leave in December 2004.
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