This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Lawyers for Mark Shurtleff have asked a judge to toss out the 10 felony counts against him, arguing prosecutors have not specified what it was the former three-term attorney general did that was a crime.
Without those details, Shurtleff's lawyers argued in a motion Wednesday, it is impossible to prepare an adequate defense before a preliminary hearing or for a judge to decide whether the embattled Republican should be ordered to stand trial at that hearing.
"[T]he magistrate would be asked simply to trust the state that somewhere hidden among the evidentiary and statutory litter and chaos is a coherent theory, that the prosecution is not 'groundless and improvident' — in effect a rubber stamp," wrote Shurtleff's attorney, Rick Van Wagoner. "The magistrate cannot exercise meaningful discretion absent meaningful direction."
Shurtleff's attorneys previously had asked the judge to direct the prosecution to produce a "Bill of Particulars," spelling out which acts led to the felony counts their client faces. Prosecutors have resisted, arguing a request for such a list is allowed only after the defendant is ordered to stand trial.
Prosecutors have provided Shurtleff and his counsel with a list of 56 witnesses it may call at a preliminary hearing, including investigators with the FBI and Utah Department of Public Safety; former top deputies and attorneys who worked with Shurtleff; key players in the scandal such as St. George businessman Jeremy Johnson and convicted businessman Marc Sessions Jenson; and investigators from the Utah House inquiry into misconduct in the attorney general's office.
A scheduling conference is set for Shurtleff and his co-defendant, former Attorney General John Swallow, for Monday. Shurtleff's attorneys contend the two should not be co-defendants and have asked 3rd District Judge Elizabeth Hruby-Mills to separate the cases, since the facts of the alleged crimes differ.
While Shurtleff's attorneys have been aggressive in attacking the prosecution's case against their client, Swallow's lawyers have been largely silent, not filing any motions in the case.
Shurtleff is charged with 10 felonies, including receiving or soliciting bribes, accepting gifts, tampering with witnesses and evidence, and participating in a pattern of unlawful conduct.
Swallow is charged with 11 felonies and two misdemeanors, including multiple counts of receiving or soliciting bribes, accepting gifts, tampering with evidence, obstructing justice and participating in a pattern of unlawful conduct.
Both have proclaimed their innocence.
Twitter: @RobertGehrke