This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The latest from Day 15 of the trial:
8:35 p.m.
Greg Hartley, the chief of staff for House Speaker Greg Hughes, responded to the verdict while also defending his boss.
"The fact that John Swallow was acquitted sheds light on the credibility of the witness that tried to unfairly drag Speaker Hughes into the story," Hartley said. "Everyone involved in that case knows that Marc Jenson lied about seeing Speaker Hughes at a place in California that he's never been to during a time that he can prove he was in Utah. The verdict indicates that the jury did not believe any of Marc Jenson's testimony."
The latest from Day 15 of the trial:
8:05 p.m.
Two of the jurors said the jury took the judge's instructions seriously in keeping in mind that the burden of proof laid heavily on the state to prove guilt or innocence without a reasonable doubt.
"Without a doubt, almost every time, the evidence just wasn't there to support the allegations," said Melissa Smith.
Sandra Buendia said when the jurors went through the evidence and the witnesses' testimonies, there "seemed to be gaps" in the state's case.
"Based on the evidence that was presented — and basically all the evidence — we weren't firmly convinced and, obviously unanimously, we weren't firmly convinced of his guilt," said Buendia.
After 14 hours of deliberation, neither juror could recall which counts they spent the most time on, or which discussions were the most robust.
The latest from Day 15 of the trial:
8:02 p.m.
Former state Rep. Brad Dee, a member of the special House committee that investigated Swallow in 2013, didn't want to get into the details of the case, but he gave a brief statement: "I'm surprised. That is my reaction, that is all. It is up to the courts, and they have spoken."
The latest from Day 15 of the trial:
7:55 p.m.
Davis County Attorney Troy Rawlings said in an email that the verdict was "predictable to any prosecutor who bothered to assess the evidence with an objective view and who was not controlled by the United States Department of Justice."
"In addition to having his rights violated, Mark Shurtleff would have absolutely been acquitted as well.
"It's not simply about taking a case to trial so the public can see it, as Mr. Gill has maintained. The process is actually about vetting the evidence, understanding the constitutional issues and getting it right.
"Congratulations to Mr. Swallow and his defense team. Their significant legal bill will now be paid by the State of Utah Attorney General's Office.
"May Mr. Swallow and his family try to put their life back together as Mark Shurtleff is attempting to do."
Last July, Rawlings moved to dismiss the charges against Shurtleff, pointing to a recent U.S. Supreme Court ruling that narrows the prosecution of political corruption, along with his inability to pry possibly key evidence out of federal hands and concerns about potential violations of Shurtleff's right to a speedy trial.
The latest from Day 15 of the trial:
7:46 p.m.
Attorney Rick Van Wagoner, who represents former Utah Attorney General Mark Shurtleff — whose similar public corruption charges were dismissed by Davis County Attorney Troy Rawlings — said in a text message: "Congratulations to John Swallow and his able defense team. Unfortunately it came to this for him. Mr. Shurtleff had the benefit of a very experienced prosecutor who was willing to listen to defense counsel, and his interest was to get it right. Not to win."
The latest from Day 15 of the trial:
7:42 p.m.
Attorney General Sean Reyes released a statement that praised the American legal system.
"Regardless of the outcome of any given case, we in the office of the Utah attorney general support our criminal justice system and its role in protecting citizens and preserving liberties," Reyes said. "We thank all those who serve the public in the criminal justice process — from investigators, prosecutors, public defenders, victim advocates, jurors and corrections personnel to judicial and courtroom staff."
He added: "Regardless of how you feel about the outcome of this case, we should be appreciative of a legal system in America that is not perfect but is among the best in the world. Our belief in and deference to the rule of law is the bedrock of that system."
The latest from Day 15 of the trial:
7:40 p.m.
Utah Senate President Wayne Niederhauser has said Swallow remained a "good friend" during the investigation into the scandal, though he cut off contact in case he had to oversee an impeachment proceedings. Instead, Swallow resigned.
After Swallow's acquittal, Niederhauser said: "We respect the judicial system and the due process afforded to all who are accused. We wish John Swallow and his family the best as they move on with their lives."
The latest from Day 15 of the trial:
7:35 p.m.
Salt Lake County District Attorney Sim Gill said he was disappointed in the verdict, but not with the process.
"We needed to get this into the proper forum — that was the only way to get any closure on this issue," Gill told The Salt Lake Tribune minutes after the verdict was delivered. "It was important to bring it to a conclusion."
Otherwise, Gill said, "it's not fair to the citizens ... or to Mr. Swallow."
He said the refusal of Jeremy Johnson, a key witness in connection with a number of the counts, "did not help us."
"We would have liked that additional element ... that there was this behavior going on," Gill said.
He said he was proud of his prosecution team, adding: "This is one of the most complex cases our office has handled."
In a follow-up news release, Gill said: "In some cases, jurors are asked to make simple assessments akin to black versus white. In other cases, however, jurors are asked to consider matters involving various shades of gray, where the right answer may be difficult to find but where prosecutors must nonetheless find their probable cause and follow the facts to wherever they lead. This case fell squarely into the latter category."
The latest from Day 15 of the trial:
6:30 p.m.
Jurors found former Utah Attorney General John Swallow not guilty of all counts.
Swallow started to cry as the first of the not guilty verdicts were read, and there were audible sobs from his wife and family, who were sitting on the first row of 3rd District Judge Elizabeth Hruby-Mills' courtroom.
The verdicts — which came after more than 12 hours of deliberation over two days — are as follows:
Count 1 • Pattern of unlawful activity, a second-degree felony: Acquitted
Count 2 • Accepting a gift, a second-degree felony: Acquitted
Count 3 • Receiving or soliciting a bribe, a second-degree felony: Acquitted
Count 4 • Receiving or soliciting a bribe, a second-degree felony: Acquitted
Count 7 • False or inconsistent material statements, a second-degree felony: Acquitted
Count 9 • Tampering with evidence, a third-degree felony: Acquitted
Count 11 • Misuse of public money, a third-degree felony: Acquitted
Count 12 • Obstructing justice, a third-degree felony: Acquitted
Count 13 • Falsification or alteration of a government record, a class B misdemeanor: Acquitted
—
1:20 p.m.
Judge Elizabeth Hruby-Mills has denied a defense motion for mistrial motion prompted by an error in the jury instructions. The judge said in a written ruling that there was "nothing to suggest this error was anything more than a clerical error."
Hruby-Mills said Swallow wasn't prejudiced by the error because it had been fixed by drafting a new instruction. She also noted that another of the 71 jury instructions correctly identified the counts to be considered by jurors.
Jury instruction number 69 incorrectly told jurors that Counts 4, 5, 8 and 10 had been dismissed. It should have said that the dismissed counts were 5, 6, 8 and 10.
That means the jury had been considering Count 6, a money laundering charge, when they should have been considering Count 4, a bribery charge.
The jury had been deliberating for about five hours when they asked for clarification as to which of the 13 counts originally filed in the case had been dropped.
The bad jury instruction was discovered as attorneys were talking with the judge about how best to explain which counts prosecutors had dropped without introducing information that might prejudice Swallow.
Defense attorneys drafted a new instruction clarifying that no evidence on money laundering had been entered into evidence, so jurors should not consider anything they believe might be related to that charge.
—
12:30 p.m.
A curative jury instruction given to jurors in an effort to fix an erroneous instruction states, in part: "... Count 4 was NOT dismissed, but Count 6 (originally described as Money Laundering) WAS dismissed. You may therefore consider the evidence from the trial ONLY in relation to the remaining Counts in your deliberations. "There was no evidence of Money Laundering admitted in this trial, and you may not consider that original charge, or any evidence you might have thought was adduced in relation to that charge, when you deliberate as to the charges that remain ... "
—
11:50 a.m.
Defense attorney Scott C. Williams is asking for a mistrial, despite a new jury instruction clarifying that the bribery charge, Count 4, was not dismissed, but that the money laundering charge, Count 6, was.
Williams says lawyers don't know if the jury has been talking about the dismissed count for the six-plus hours of deliberations.
The evidence on money laundering should never had come into the trial, said Williams, noting that the erroneous jury instruction was submitted by the state, but not noticed by the defense.
Prosecutors, who agreed to the defense-crafted corrected instruction, argue that the error is clerical in nature.
The judge took the matter under advisement.
—
11 a.m.
A question from jurors about the charges the state had dismissed against Swallow has uncovered an error in the set of instructions the panel was given by the court.
Jurors were told that Counts 4, 5, 8 and 10 had been dismissed.
That is incorrect. The state actually dismissed Counts 5, 6, 8 and 10.
Count 4, a bribery charge connected the August of 2012 fundraiser held for Swallow by Timothy and Jennifer Bell is still in play.
Count 6 is a money-laundering charge tied to allegations that Swallow created and backdated invoices for a former boss, the late Check City founder Richard Rawle, for consulting work.
The error was discovered when attorneys were talking with Judge Elizabeth Hruby-Mills about how best to explain which counts prosecutors had dropped without introducing information that might prejudice Swallow.
The judge herself spotted the error.
"Uh-oh," Deputy Salt Lake County District Attorney Chou Chou Collins said when the court realized the error.
The judge has asked Swallow's defense team to draft a new instruction to correct the problem.
—
9:30 a.m.
While waiting for the jury's decision, John Swallow has been joined by a couple of dozen family members, who all have gathered in a conference room adjacent to the courtroom.