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Attorneys need more time to consider Allgier's motion to defend self

Published September 11, 2012 11:25 am

Court • Man accused of killing Corrections officer says request "not up for discussion."
This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Attorneys want more time to consider Curtis Allgier's request to defend himself against a capital murder and prosecutor's efforts to have him put to death.

Allgier, 32, was scheduled to appear in 3rd District Court on Tuesday for arguments on his handwritten motion, lambasting his defense attorneys and demanding their removal, but the hearing was continued to Oct. 3.

"Because this is such an important motion, we need a little more time," Salt Lake County prosecutor Robert Stott said. But the veteran prosecutor said Allgier's demand to represent himself at trial "is not really something we can object to."

Allgier is charged with killing Department of Corrections officer Stephen Anderson, 60, during an escape on June 25, 2007. According to the charges against Allgier, he shot Anderson with his own gun after the officer had unshackled him for an MRI scan at a Salt Lake City medical clinic.

In a handwritten motion sent to Judge Paul Maughan, Allgier takes exception with how defense attorneys Richard Gale and Dusty Kawai have handled his case, including an alleged refusal to share the case's evidence with him.

"Not only is it unacceptable, it's preposterous, wrapped in prejudicial absurdity, swaddled in malicious injustice," Allgier wrote.

Allgier wrote that his request is "not up for discussion or negotiations" and calls representing himself "his only option, being forced upon him by attorney's [sic], state, prison, jail and judge, investigator's [sic], etc., to protect his life and right's [sic] ..."

Allgier said his attorneys have refused to take his phone calls and have inadequately represented him in court. He also takes issue with Kawai and an assistant attorney general representing the Department of Corrections having served in the same military branch.

"They have a sworn duty to fight and die for each other, to not do so is treason punishable by death and/or life in prison!" the motion states. "I respect that, but it clearly is the greatest of conflicts of interest."

Allgier has had problems with other attorneys in the past.

Gale and Kawai were appointed to represent Allgier last May after Maughan removed the Salt Lake Legal Defenders from the case, amid attorney-client conflict issues and appeals, saying the attorneys had not moved the case forward "in a meaningful fashion."

afalk@sltrib.com

Twitter: @aaronfalk