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SALT LAKE CITY — Former Utah Attorney General Mark Shurtleff is accusing state prosecutors of "gamesmanship" and wants a judge to dismiss the felony public corruption charges against him.
Shurtleff's attorney filed a motion Wednesday in 3rd District Court, saying he can't put on an adequate defense because prosecutors haven't specifically spelled out the alleged crimes.
Also, Rick Van Wagoner argues that prosecutors have provided "no coherent or at best an ambiguous theory" of the charges, which is unfair to a judge deciding whether Shurtleff should face trial.
"The result is the defendant is deprived of the right and opportunity to a meaningful preliminary hearing, which portends poorly for any remaining case thereafter," Van Wagoner wrote.
The motion raises the same issues as previous Shurtleff court filings in the case but this time asks Judge Elizabeth Hruby-Mills to throw out the charges.
Salt Lake County District Attorney Sim Gill charged Shurtleff with 10 felonies — three counts of bribery, two counts of illegally accepting gifts or loans and one count each of pattern of unlawful activity, accepting employment that would impair judgment, witness tampering, evidence tampering, and obstructing justice.
Gill also charged Shurtleff's successor, John Swallow, with 11 felonies and two misdemeanors, including bribery, evidence tampering and pattern of unlawful activity.
The result is the defendant is deprived of the right and opportunity to a meaningful preliminary hearing, which portends poorly for any remaining case thereafter.
–Rick Van Wagoner, Mark Shurtleff's Attorney
Unlike Shurtleff, Swallow has not filed much in his case, including a motion to dismiss. Both have maintained their innocence.
Prosecutors say the two men illegally accepted gifts and money from several businessmen. Some of the alleged incidents overlap, while some do not.
Court documents list Shurtleff and Swallow as "co-defendants," though prosecutors charged them in separate documents. Van Wagoner has asked the court to not mingle the charges.
Van Wagoner said the state was under no rush to file charges if it needed more time to develop a coherent theory supported by fully investigated facts. Either the state brought the charges "precipitously" or has detailed information it refuses to share with the defense, he said.
"This places the defendant at an unfair advantage," he wrote. "Such gamesmanship should have no place in a system where prosecutors have the highest ethical duties."
