This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
State prosecutors in John Swallow's public-corruption case want to prevent jurors from hearing anything about a Department of Justice decision not to file charges against the former Utah attorney general, or anything about the dismissed case against former co-defendant and Swallow's predecessor Mark Shurtleff.
In motions filed Friday, the state asked a 3rd District judge to prohibit all parties involved in the Swallow case from making "any reference" to the Justice Department's declination and the Shurtleff case.
Discussing the matters would be "irrelevant," the motions state, and any possible value would be "substantially outweighed by the dangers of unfair prejudice, confusing the issues, misleading the jury, undue delay and waste of time."
The Justice Department screened the case against Swallow but did not file charges; the Salt Lake County district attorney's office reviewed the case and filed charges. Such a sequence is "not unique to this case," motions say.
Discussion of the declination and reasoning behind it would "involve only speculation, ... [which] does not have any bearing on the facts of consequence in this case," motions state, adding that the declination "does not have any tendency to make a consequential fact more or less probable at the trial of this case."
Swallow has pleaded not guilty to multiple felony and misdemeanor charges, including counts of money laundering, misuse of public funds, obstruction of justice and falsifying government records. The charges stem from alleged conduct during his time in the attorney general's office.
A four-week trial for Swallow is scheduled to begin Feb. 7. If convicted as charged, Swallow would face a punishment of up to 30 years in prison.
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