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Judge OKs media attorneys' access to convict letter about accused guard killer
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

News organizations won a small battle in 3rd District Court on Tuesday after a judge gave media attorneys access to a mysterious letter from a convicted felon that may contain information about accused killer Curtis Michael Allgier.

Judge Sheila McCleve ruled that three attorneys representing several media organizations, including The Salt Lake Tribune, may view a letter from former Utah State Prison inmate Brent Mayon Cobb to see if the content potentially meets the definition of a public document.

But attorneys may not share the contents of the letter with the media, McCleve ordered.

Media attorney Jeff Hunt said he expects to view the letter by the end of the week, but said it is likely he will file another motion to argue in court that the letter should not remained sealed.

"Now we don't have to litigate in the dark. We can actually see the letter," Hunt said after Tuesday's hearing.

Allgier, 29, a prison inmate accused of killing 60-year-old Corrections officer Stephen Anderson on June 25, 2007, filed a motion in July to seal Cobb's letter.

Media attorneys argued access to the letter would not impede Allgier's fair trial rights.

But Allgier's attorney, Ralph Dellapiana, argued the letter should be sealed and not made a part of the court file because it's not going to be used as evidence during Allgier's preliminary hearing and trial. He said the state and media attorneys provided no legal precedent showing they should have access to the letter.

Cobb, 46, has a lengthy criminal history in Utah, including drug convictions, for which he was sent to prison in 2000. He was incarcerated at the same time as Allgier, Hunt said.

Allgier is a heavily tattooed white supremacist who was sent to the prison in 2001 for burglary, forgery and escape.

He had been brought to University Hospital for treatment when he took Anderson's weapon and shot the officer with it twice, according to charges. Allgier was arrested about 45 minutes later at an Arby's restaurant in Salt Lake City.

In addition to capital murder, which carries the possibility of the death penalty, Allgier is charged with seven other felonies. A four-day preliminary hearing in the murder case starts January 27 before Judge Robin Reese.

mrogers@sltrib.com

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