Judge Timothy Hanson sided with the defense last week and dismissed all nine felony counts of "unlawful interception of communication" against Allen P. Andersen, who worked as a part-time administrator for SLCC's Small Business Development Center in Sandy.

The case stems from charges leveled in 2003 accusing Andersen and three other then-SBDC workers of illegally recording another employee's telephone conversation. The defendants alleged that the employee was "defaming our names" amid talk of financial mismanagement at the center.

"This case didn't have any merit in the first place," defense attorney John Walsh said. "[Andersen] stood by his guns . . . He has always maintained that he didn't do anything wrong."

According to court documents, the case was prolonged due to a dispute over whether the recording took place inside or outside the employee's office. Andersen acknowledged making the recording but said it occurred in an open reception area.

The wiretapping case was based on an investigation by Randy Johnson, then a colonel with the state Department of Public Safety on loan to SLCC to oversee the disbanding of the school's police department. Johnson now works for SLCC as its police chief - even though the school contracts with other state and municipal police departments for law enforcement.

SLCC spokesman Joy Tlou said Wednesday that neither Johnson nor SLCC Interim President Judd Morgan would comment on the case.

"The judge agreed that if the recorded conversation can be heard in a public area, there's no crime," said Andersen, who has filed a "notice of claim" against SLCC.

Such a notice is a precursor to filing a lawsuit. Andersen said he intends to seek more than $1 million in damages, along with $15,000-plus in attorney fees and $45,000 in unpaid wages from SLCC.

The three other defendants - Barry LaMarr Bartlett, Von T. Rowley and Marsha Haynes - previously entered into "plea in abeyance" agreements with prosecutors. If they commit no crimes in the next six months, the charges will be dropped.

When allegations of financial mismanagement at SBDC surfaced in July 2003, the college placed Bartlett, Rowley and Haynes on paid leave. But the school refused to pay Andersen.

SLCC fired Andersen, Bartlett and Rowley before an audit found that some SBDC employees had used their positions for personal gain. The audit also uncovered ethical concerns apart from any financial mismanagement. The report placed much of the blame on then-SBDC boss Michael Finnerty.

Haynes returned to work at SLCC for a short time and now works for Utah Valley State College in Orem. Bartlett is an independent business consultant in Utah County.

Andersen, Finnerty and Rowley work for a private entrepreneurial training program known as NxLevel Education Foundation.

sykes@sltrib.com