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A judge has reset a trial date for former Utah Attorney General Mark Shurtleff from May to October so his defense team and prosecutors have time to plow through the multiple terabytes of evidence recently provided to them by the FBI.
The change was agreed upon Friday during a telephone conference between the attorneys and 3rd District Judge Elizabeth Hruby-Mills.
Shurtleff's two-week trial will now begin Oct. 25, court records show.
His attorney, Richard Van Wagoner, did not object to the change, but contends his client has little choice. The material — some of which has not yet been provided — is necessary for Shurtleff's defense, but the effort to obtain it has delayed his constitutional right to a speedy trial, which he has not waived.
"Mr. Shurtleff believes he should not have to give up one constitutional right for another," Van Wagoner wrote in an email. "So he sits on the horns of a dilemma: Go to trial without the information in the government's possession that assists in his defense or delay and continue trying to get it."
Shurtleff, who was Utah's attorney general for a dozen years, is charged with five felonies and two misdemeanors — three counts of accepting a prohibited gift, two counts of obstructing justice and one count each of official misconduct and bribery.
He denies the allegations and has pleaded not guilty to the charges. If convicted, he could spend up to 30 years in prison.
Davis County Attorney Troy Rawlings, who is prosecuting Shurtleff, has fought the FBI and the Department of Justice over a trove of evidence gathered by the federal agencies during a multi-year investigation.
Rawlings has said the data are critical for his case and required so that his office could provide Shurtleff with discovery.
Federal attorneys began providing the data after Rawlings sought a court order forcing the federal government's assistance, despite contentions that the FBI had turned over all it had.
Shurtleff's lawyers have supported Rawlings' efforts and believe the documents will support his claims of innocence and exonerate the former Republican officeholder.
It is now clear, Van Wagoner said, that the government has withheld evidence from the state and the defense for at least two years.
Despite providing Rawlings with the multiple terabytes of data, Van Wagoner said there remains "considerable outstanding discovery that the United States has refused and continues to refuse to produce."
Without it, he said, "Mr. Shurtleff can't receive a fair trial."
Rawlings declined to comment beyond saying he told the judge that the government has provided most of the information sought through his court petition, although some of the data have not yet been delivered.
He also said he believes the government holds additional materials which he plans to pursue through other means.
Scott C. Williams, attorney for Shurtleff's successor, former Utah Attorney General John Swallow, has sought the same evidence from the federal agencies. Swallow was investigated alongside Shurtleff and has pleaded not guilty to 14 felony and misdemeanor charges.
Williams contends the evidence is likely equally relevant to Swallow's case and has asked Hruby-Mills to order Salt Lake County District Attorney Sim Gill's office to provide the information.
Gill's office has so far said the evidence is not needed because the Shurtleff and Swallow cases differ.