By aaron falk

| The Salt Lake Tribune

Ogden » As Matthew David Stewart shuffled into the courtroom, Ogden police Officer Kasey Burrell craned his neck to get a look at the man charged with shooting him and five other officers — one fatally — during a Jan. 4 shoot out.

In his second court appearance since being released from a hospital last week, the 37-year-old Stewart was clean shaven and bound in chains Tuesday, as attorneys argued a handful of legal issues in the capital murder case.

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Second District Judge Noel Hyde appointed two public defenders, Ryan Bushell and William Albright, to represent Stewart, but defense attorney Randy Richards refused to immediately withdraw from the case. Richards, who was retained by Stewart’s family, said he had a "fundamental problem" with the appointments because both attorneys had been contracted by the Weber County Attorney’s Office civil division to take the case.

Deputy Weber County Attorney Chris Allred defended the contracts as standard practice for the county. While Richards said he would be available to take the contract himself, Allred said his office went with Albright and Bushell because one of the men practiced in Davis County and neither had prior involvement with Stewart’s family. Richards was described as a friend of Stewart’s father.

"We thought it would be cleaner to go with someone who isn’t connected to the defendant’s family," Allred said.

Weber County prosecutor Gary Heward said Richards was "trying to find a way for someone to pay him a small amount of money and then, down the road, say, ‘Hey, I’m invested in this,’ and receive compensation."

During the 90-minute hearing, Richards and prosecutors argued heavily over discovery issues. Richards said he had yet to receive evidence from prosecutors, a complaint he brought up during a hearing last week.

"So far I’ve been hamstrung in all of my efforts in defending Mr. Stewart," he said. "It’s frustrating because the prosecution has dozens, if not hundreds, of investigators on this."

Prosecutor Chris Shaw said his office had been working "night and day" to compile police reports and transcribe interviews from more than 50 officers from nine agencies.

Shaw said the medical examiner’s report had yet to be completed and that investigators were still gathering evidence from Stewart’s home.

"We may preserve that house until the bitter end of the trial," Shaw said.

Prosecutors also filed a motion for a gag order in the case. Hyde did not immediately rule on the issue.

According to an affidavit, Ogden police Officer Jared Francom and other members of the Weber-Morgan Narcotics Task Force were serving a knock-and-announce warrant at Stewart’s home in Ogden when Stewart opened fire "from a concealed position at close range with a Beretta 9 mm semi-automatic pistol." Stewart later advanced on the officers, firing as they moved toward the street, the affidavit states.

Francom was shot six times and killed in the gunfire, according to court documents. Also injured were: Ogden police Officer Shawn Grogan; Weber County sheriff’s Sgt. Nate Hutchinson; Roy police Officer James VanderWarf; Ogden police Officer Michael Rounkles; and Burrell, who declined to speak with a reporter following Tuesday’s hearing.

Burrell, the last of the injured officers to leave local hospitals, walked into the courtroom under his own power. His head shaved and skinned scarred above his left eye, Burrell smiled and laughed as he spoke with friends prior to the hearing.

Officials have said Stewart, an Army veteran, was suspected of growing marijuana inside his home. According to the affidavit, Stewart told an acquaintance in the summer of 2011 that if police ever tried to stop him he would "go out in a blaze of glory and shoot to kill." Police reportedly later found plants and equipment used to grow marijuana inside the home.

In a jailhouse interview with The Salt Lake Tribune, Stewart said he did not hear officers identify themselves and feared for his life.