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A 3rd District judge Monday granted a request, made by prosecutors last week, to dismiss a racketeering charge against former three-term Attorney General Mark Shurtleff.
Davis County Attorney Troy Rawlings, who is prosecuting Shurtleff, wrote in a motion filed Wednesday that a review of case law, as well as pleadings by Shurtleff's attorneys, convinced him that the charge should be dropped.
The state is "not persuaded it has a reasonable probability of convicting this defendant" on the charge of participating in pattern of unlawful conduct, the motion states.
On Monday, Judge Elizabeth Hruby-Mills granted the motion, dismissing the second-degree felony count without prejudice, meaning it can be refiled.
Prosecutors have not disclosed the specifics of the evidence that originally prompted the charge.
Utah's attorney general for a dozen years, Shurtleff, 57, and his handpicked successor, John Swallow, 52, were charged in July with multiple criminal counts. If convicted, each man could face prison terms of up to 30 years.
Swallow, who resigned amid allegations of misconduct, faces a similar racketeering charge. That count was not dismissed last week when Salt Lake County District Attorney Sim Gill filed an amended criminal complaint against Shurtleff's former chief deputy, adding a new second-degree felony charge of accepting a gift. That boosts the number of charges Swallow faces to 14 — 12 felonies and two misdemeanors.
With the dismissal, Shurtleff now faces nine felonies.
Prosecutors contend in court papers that the pair cultivated a pay-to-play climate inside the attorney general's office, which included taking bribes to protect or aid big campaign donors whose business practices landed them in legal trouble.
Shurtleff and Swallow, who have proclaimed their innocence, were originally charged as co-defendants, but prosecutors and defense attorneys are seeking to separate the cases.
The next hearing is set for Dec. 12.