This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Ex-Utah Attorney General John Swallow has asked state prosecutors to hand over additional evidence in his case — including anything that the FBI and the Department of Justice may be holding back.
The request — made in a petition filed Thursday in Salt Lake City's 3rd District Court — mirrors a demand for a similar trove of evidence in the case of former Utah Attorney General Mark Shurtleff that has launched a legal tug of war between state and federal attorneys.
Swallow and Shurtleff, both Republicans, are charged in state court with multiple felonies and misdemeanors related to allegations of bribery and corruption inside the attorney general's office.
The 2014 charges followed a multiyear investigation by state police and the FBI, and came only after the U.S. Department of Justice (DOJ) declined to bring federal charges.
In Shurtleff's case, Davis County Attorney Troy Rawlings, a Republican, believes a cache of evidence may be in the FBI's possession. He's asked 3rd District Judge Elizabeth Hruby-Mills to force the agency to provide it, despite assurances from the DOJ that the agency has released all the relevant materials. Shurtleff's attorneys have joined the motion, and a hearing on the issue is set for Dec. 1.
The same judge will consider the evidence issue for Swallow.
In court papers, Swallow's attorney, Scott C. Williams, asks Salt Lake County District Attorney Sim Gill's office for the same information sought in Shurtleff's case: "… everything obtained or otherwise in possession, custody or control of the prosecuting agency, all investigative agencies, the state of Utah and the United States …"
That includes the documents authorizing federal agents to continue to investigate the former attorneys general after the DOJ declined to pursue charges.
On Friday, Gill said he respects Williams' decision to seek the information and that his office will respond, although he's not certain that information exists.
"He's going to have to demonstrate a certain level of relevance back to [the Swallow] case," Gill said. "If it does [exist], of course we want information, if it's relevant and material to our case."
Last week, Gill, a Democrat, said he had no reason to believe the FBI and the DOJ withheld any relevant evidence from his office. He also said the Swallow and Shurtleff cases allege different crimes and have different prosecutorial needs.