A state judge will not hear oral arguments on a dispute between the FBI and Davis County Attorney Troy Rawlings over evidence gathered during an investigation of former Utah Attorney General Mark Shurtleff.
Third District Judge Elizabeth Hruby-Mills canceled the hearing early Wednesday at the request of Rawlings after the prosecutor said his months-long dispute is on its way to a resolution. In a motion filed Monday, Rawlings said the U.S. Department of Justice, FBI and other federal agencies have turned over a "voluminous quantity of documents," with additional materials on the way.
Both the government and Shurtleff's attorneys agreed to the delay.
The evidence stems from a public corruption investigation of Shurtleff and his successor, former Utah Attorney General John Swallow, by Utah-based FBI agents and state police.
The DOJ's Public Integrity Section, which investigates public corruption, declined to prosecute, but Utah-based FBI agents stayed on the case, working with state and county investigators.
Rawlings first sought the evidence from the government last fall and contends it is critical his prosecution of Shurtleff, who pleaded not guilty to felony and misdemeanor charges.
A trial is set for May.
Shurtleff, who by law is entitled to get the evidence from Rawlings, has supported the county attorney's efforts and believes it will exonerate him of criminal wrongdoing.
The judge's order resets Wednesday's hearing to a telephone status conference on March 4.
Rawlings is expecting the next delivery of evidence material Feb. 22 and had asked the judge to set a time for the attorneys to examine the documents before reporting to her about its impact on the scheduled trial.
Swallow's attorney, Scott C. Williams, is also seeking the evidence. He has asked Hruby-Mills to order the Salt Lake County district attorney's office, which is prosecuting Swallow, to obtain the material from the government.
A hearing on the issue in Swallow's case has not been set.
jdobner@sltrib.com
Francisco Kjolseth | The Salt Lake Tribune Former Utah Attorney General Mark Shurtleff, right, facing public corruption charges, appears in Judge Elizabeth Hruby-Mills courtroom alongside his attorney Richard Van Wagoner in Salt Lake City on Monday, Sept. 28, 2015, for a pre-trial hearing.
Francisco Kjolseth | The Salt Lake Tribune Former Utah Attorney General Mark Shurtleff, center, facing public corruption charges, gets ready to appear in Judge Elizabeth Hruby-Mills courtroom in Salt Lake City on Monday, Sept. 28, 2015, for a pre-trial hearing.
Francisco Kjolseth | The Salt Lake Tribune Former Utah Attorney General Mark Shurtleff, facing public corruption charges, leaves court after appearing in Judge Elizabeth Hruby-Mills courtroom in Salt Lake City on Monday, Sept. 28, 2015, for a pre-trial hearing.
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