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State prosecutors have produced a list of 56 possible witnesses who may be called to testify against former Attorneys General Mark Shurtleff and John Swallow at a hearing intended to persuade a judge to order the men to stand trial.
And there may be more witnesses coming.
The list, filed Wednesday as part of the state's response to a sweeping request for evidence Shurtleff made last month, includes the names of several former Shurtleff and Swallow co-workers from the attorney general's office, as well as area attorneys, public officials, agents from the FBI and Utah Department of Public Safety, and people from whom the two former officeholders have been accused of accepting bribes.
Some of the more prominent names include:
Jeremy Johnson • owner of the now-defunct I Works online marketing and sales company who will be tried in March on charges related to alleged bank fraud. He alleged Swallow took a bribe to use his contacts to kill an investigation into I Works.
Jason Powers • a former Swallow campaign consultant who has been accused of setting up a nonprofit group that allowed Swallow to conceal contributions, mainly from payday lenders.
Marc Sessions Jenson • who was convicted of securities violations and sent to prison in 2011 and who faces new charges for allegedly defrauding investors in a southern Utah ski and golf resort venture. Jenson has accused Swallow and Shurtleff of shaking him down for hundreds of thousands of dollars, favors and luxury treatment at Jenson's Southern California villa.
Kirk Torgensen • a former top deputy to Shurtleff and Swallow, whose text messages and correspondences with Shurtleff had informed an investigation into the attorney general's office's handling of the Jenson case — which, according to a former federal judge and retired prosecutor, "defies explanation." Torgensen was removed from his position by Attorney General Sean Reyes, who took over after Swallow stepped down in December.
Scott Reed • an assistant attorney general who formerly led the criminal-justice division under Swallow and Shurtleff. He also was removed from his position by Reyes.
Brett Tolman • a former U.S. Attorney who is related to Paul Nelson, the head of security for Jenson.
M'Liss Shurtleff • Mark Shurtleff's wife
But prosecutors refused to deliver on several of Shurtleff's 30 requests, including "a list of particulars," which would spell out the state's plan of attack.
Prosecutors said it was too early to hand over that kind of information and that, by law, they would be required to consider such a request only after the defendants are ordered to stand trial.
"Because no arraignment has yet occurred in this case," prosecutor Chou Chou Collins wrote in Wednesday's motion, "Shurtleff's request is premature and should be denied."
Prosecutors also refused to give Shurtleff "all documents memorializing or authorizing" the FBI to continue working with Utah "in connection with the investigation and this prosecution" because they said there are no such documents.
Shurtleff, who requested copies of the "entire investigative files" kept by state and federal officials on 10 individuals was already given eight, and denied two, according to court documents: the files of Mark and Alison Robbins.
Mark Robbins is a businessman with whom Darl McBride — who filed a lawsuit last month against the former attorneys general alleging they conspired with Bank of America to derail a major foreclosure — allegedly invested $268,000 after being promised a $5 million return and on whose behalf Shurtleff allegedly intervened.
Prosecutors also refused to give Shurtleff a copy of his own prior criminal records, a copy of "any court order authorizing or approving the interception of a wire, oral or electronic communication," the results of any physical or mental examinations, evidence as to complaints, disciplinary action or investigations into law enforcement agents' truthfulness or bias and "the identity of all un-indicted co-conspirators as well as all statements that the government will seek to introduce in the trial."
In the case of each, prosecutors said, the information requested was not relevant or applicable to the case.
If that changes, according to the prosecutors' response motion, the information would be given to the defendants.
In the immediate aftermath of Shurtleff and Swallow being charged, prosecutors gave defense attorneys a hard drive of evidence. What was on that hard drive has never been publicly discussed, though prosecutors indicated Wednesday that the hard drive contains much of the information for which Shurtleff has asked.
That includes search warrants, conversation recordings and information on an FBI sting targeting Paul Nelson, the head of security for jailed businessman Marc Sessions Jenson.
Swallow and Shurtleff are scheduled to appear Oct. 20 before 3rd District Judge Elizabeth Hruby-Mills.
At that time, the judge may respond to the motions that have been filed since the two men made their first appearance in court July 30, including Shurtleff's request for evidence and that his case be severed from Swallow's.
Shurtleff and Swallow face a combined 23 counts — 21 of them felonies — in the most sweeping political scandal in Utah history.
If convicted, each could be sentenced to up to 30 years in prison. Both have proclaimed their innocence.
Twitter: @Marissa_Jae —
Who's on the list?
Prosecutors spelled out a list of 56 people they may call to testify at a preliminary hearing against embattled former Attorneys General Mark Shurtleff and John Swallow. They are as follows:
• Utah Department of Public Safety Agent Scott Nesbitt
• FBI Supervisory Special Agent Michelle Pickens
• FBI Special Agent Jon Isakson
• FBI Special Agent Sanitha Ulsh
• Former Deputy Attorney General Kirk Torgensen
• Assistant Attorney General Scott Reed
• Assistant Attorney General Che Arguello
• Marc Sessions Jenson
• Stephen Jenson
• Mark Robbins
• Alison Robbins
• Darl McBride
• Jeffrey Donner
• Jeremy Johnson
• Chad Elie
• Jonathan Eborn
• Timothy Bell
• Jennifer Bell
• Jessie Fawson
• Renae Cowley
• Assistant Attorney General Brian Farr
• Assistant Attorney General Wade Farraway
• Assistant Attorney General Jerrold Jensen
• Travis Marker
• J. Goodwin
• Karen Redd
• Peter Torres
• Former Chief of Investigations Ken Wallentine
• 3rd District Judge Charlene Barlow
• Former Assistant Attorney General Mark Burns
• Former Assistant Utah Attorney General Susan Eisenman
• Attorney General Executive Assistant Leslie Mascaro
• Terrance Jacobs
• Souatphone Ouk
• James Bramlette
• Jason Powers
• Eric Pearson
• Former U.S. Attorney Brett Tolman
• Rob Stahura
• Greg Skordas
• Rebecca Hyde
• Paul Nelson
• Jay Brown
• Jim Mintz
• Pamela Lindquist
• Jim Nesland
• Michael Staisil
• Paul Ruffino
• Candace Salima
• Cory Wadsworth
• Michael Hargraves
• Greg Hopkins
• Richard Valvo
• Paul Benson
• S. Griggs
• M'Liss Shurtleff