A defendant in the upcoming GEAR UP trial asked the judge to not allow certain evidence in his case.

But Judge Bruce Anderson says prosecutors can present Scott Westerhuis’ motive to avoid an audit.  The state says Westerhuis was worried an audit would reveal he had embezzled more than $1 million.

Stacy Phelps and Dan Guericke will go on trial for fraud and conspiracy next month.  Both are accused of altering contracts to help avoid an audit following questions about state and federal funds for the GEAR UP program. 

Jury selection is scheduled to start October 3.