Phelps' defense seeks to exclude some evidence, testimony

ARMOUR, S.D. (AP) – A defense attorney for a Rapid City man accused of aiding in an embezzlement scheme is seeking to exclude some evidence and witness testimony at trial.

A state judge on Thursday is to weigh the requests from GEAR UP consultant Stacy Phelps. He and former Mid-Central Educational Cooperative Director Dan Guericke are to go to trial Oct. 1 for allegedly falsifying evidence and conspiring to offer forged or fraudulent evidence.

The trial comes after former Mid-Central Business Manager Scott Westerhuis in 2015 shot his family and killed himself following theft that authorities believe topped $1 million.

Phelps' lawyer has filed motions asking to exclude evidence including allegedly improper purchases made on a debit card belonging to a nonprofit Phelps headed. The defense is also seeking to stop testimony from a legislative auditor and the nonprofit's board president.